HomeMy WebLinkAbout4.2 Heritage Park Public Art SelectionSTAFF REPORT
CITY COUNCIL
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Agenda Item 4.2
DATE:February 15, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Heritage Park Public Art Selection Prepared by:Shaun Chilkotowsky,Heritage and Cultural Arts Manager
EXECUTIVE SUMMARY:The City Council will consider the artwork selections and locations for the Heritage Park Public Art Project as recommended by the Heritage and Cultural Arts Commission and the Parks and Community Services Commission and adopt resolutions approving Public Art Agreements with Romo Studios and Brian Keith for Public Art Projects at Heritage Park.
STAFF RECOMMENDATION:Approve the artwork selections and locations, adopt the Resolution Approving a Public Art Agreement with Romo Studios for a Public Art Project at Heritage Park, adopt the ResolutionApproving a Public Art Agreement with Brian Keith for a Public Art Project at Heritage Park, and approve the budget change.
FINANCIAL IMPACT:This project is included in the Fiscal Year 2020-2025 Capital Improvement Program (CIP No. PK0222)and is funded by the Public Art Fund. There is no impact to the General Fund.The Public Art Agreement between the City of Dublin and Romo Studios for Artistic Park Features has a compensation not to exceed $100,000. The Public Art Agreement between the City of Dublin and Brian Keith for a monumental sculpture has a compensation not to exceed $350,000. The initial estimated artist stipend for the monumental sculpture was $275,000. Upon deliberation and recommendation by the Heritage and Cultural Arts Commission and Parks and Community Services Commission, the artist scope of work was recommended for expansion, resulting in a cost increase of $75,000, to $350,000 total. Additionally, this project is currently ahead of schedule with funding for artist stipends budgeted in Fiscal Year 2022-23. Should the City Council approve the project to move forward, a budget
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adjustment is necessary to shift funding for the artist stipends to the current year. A budget increase of $75,000 is also necessary due to the expanded scope of work for the monumental sculpture. Sufficient funding is available in the Public Art Fund to cover the increase.
DESCRIPTION: BackgroundOn June 1, 2021, the City Council approved the 2020-2025 Five-Year Capital Improvement Program Update which included public art to be installed at Heritage Park. Specifically, this project provides for artistic park features as well as a monumental sculpture and falls within the goals and guidelines of the City’s Public Art Master Plan which emphasizes highly visible artwork along major throughfares and incorporation of art into the built environment. On June 21, 2021, Staff issued a Request for Qualifications (RFQ), seeking qualified artists.Interested artists submitted a portfolio and resume to be considered for invitation to develop a site-specific design proposal for either artistic park features or a monumental sculpture for Heritage Park. The City received 25 responses from qualified artists by the deadline of July 23, 2021.In August 2021, ad-hoc art selection committees met to review portfolios and resumes. The committees selected 10 artists, five each for artistic park features and monumental sculpture, andinvited them to develop site-specific design proposals. The committees reconvened in October 2021 to review the site-specific design proposals. After deliberation, five proposals were selectedto be recommended to the Heritage and Cultural Arts Commission (HCAC). Artistic Park FeaturesAt its regular meeting on December 9, 2021, the HCAC recommended the artistic park features proposal by Adan Romo, with a minor modification, to the City Council for approval. The minor modification was to revise the farming scene to be reflective of farming from the 1930’s to 1940’s. Adan Romo has revised the proposal to incorporate this feedback. The Parks and Community Services Commission (PCSC) reviewed the proposal from Adan Romo at its regular meeting on December 20, 2021 and was in support of the HCAC recommendation. Adan Romo’s design is a series of small bronze sculptures that are snapshots of what life may have been like in and around the historic facilities that are on site today. These small-scale scenes that depict a moment in life will be placed at locations around Heritage Park and are designed to engage visitors in a way that provokes thought and reflection. The full proposal with location details is included as Attachment 2.
Monumental SculptureAt its regular meeting on December 9, 2021, the HCAC recommended the monumental sculpture proposal by Brian Keith, with modification, to the City Council for approval. The modification includes the addition of a fourth bronze figure that depicts a Native American figure weaving a basket. The artist revised the proposal to incorporate this feedback, which result in an increase of
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$75,000 to the compensation. The PCSC reviewed the proposal at its regular meeting on December 20, 2021 and was in support of the HCAC recommendation. Brian Keith’s design is a sculpture featuring four cast bronze figures, at 115% life size, atop a rock formation. The sculpture is intended to capture the steadfastness, perseverance, inspiration, and historical influence of the pioneering families and Native Americans who lived in what is now known as present-day Dublin. The rock formation will include functional seating elements for visitors to enjoy. The sculpture will be located at the corner of Dublin Boulevard and Donlon Way. This site does require the removal of a non-Heritage tree that is in the proposed location. In consultation with Public Works, replacement trees of the appropriate species, will be planted at other locations within Heritage Park. Should the City Council desire to preserve the existing tree and landscape of that intersection, alternative locations may be considered. A full copy of the detailed proposal is included in Attachment 4. As is Dublin’s practice, the proposals were reviewed by the City’s contract art conservator and City Staff. The artworks are expected to be successful upon installation, of the utmost permanence, and able to be maintained utilizing traditional art conservation methods.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted, and a copy of the Staff Report was provided to the artists.
ATTACHMENTS:1) Resolution Approving a Public Art Agreement with Romo Studios for a Public Art Project at Heritage Park2) Exhibit A to the Resolution – Public Art Agreement with Romo Studios3) Resolution Approving a Public Art Agreement with Brian Keith for a Public Art Project at Heritage Park4) Exhibit A to the Resolution – Public Art Agreement with Brian Keith 5) Budget Change6) PK0222 2020-2025 CIP - Current and Post Adjustment Budget
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted 2/15/2022 Page 1 of 1
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A PUBLIC ART AGREEMENT WITH ROMO STUDIOS FOR A PUBLIC ART
PROJECT AT HERITAGE PARK
WHEREAS,the 2020-2025 Capital Improvement Program Update includes a project to
design, fabricate, and install permanent Public Art, Artistic Park Features, at Heritage Park; and
WHEREAS,an open call was solicited according to the Public Art Master Plan process,
with five of the seven responding artists selected to submit site specific design proposals; and
WHEREAS,the proposal by artist Adan Romo, or Romo Studios, was recommended by
the Ad-Hoc Selection Committee, Heritage and Cultural Arts Commission, and Parks and
Community Services Commission; and
WHEREAS,Adan Romo has demonstrated ability to perform said services and a third
party art conservator reviewed the design proposal; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby authorize the execution of a Public Art Agreement with Romo Studios for the design,
fabrication, and installation of a Public Art project at Heritage Park.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute
amendments to the agreement, attached hereto as Exhibit A,and make any necessary, non-
substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of February 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PUBLIC ART AGREEMENT BETWEEN
THE CITY OF DUBLIN AND ROMO STUDIOS
THIS AGREEMENT is made by and between the City of Dublin (“City”) and Romo Studios (“Artist”) as of
February 15, 2022, for the purposes and on the terms and conditions set forth below.
RECITALS
WHEREAS, the City requires the services of Artist to perform artistic services described in the Agreement for a
public art project as described under Section 8.58 of the Dublin Municipal Code; and
WHEREAS, the City is authorized by Section 2.36.050 of the Dublin Municipal Code to contract for the specialized
services of the artist contemplated by this Agreement; and
WHEREAS, Artist is qualified and desires to perform the artistic services required by the City as set forth in this
Agreement; and
WHEREAS, the City Council, on February 15, 2022, authorized the City Manager to execute an agreement
between City and Artist for the preparation of a final design, fabrication and installation for a public art sculpture at
Heritage Park.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as
follows:
AGREEMENT
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Artist shall provide to
City the services necessary to provide the artwork (“Work”) described in the Artist Proposal described in Exhibit A, and
in the Scope of Work attached as Exhibit B at the time and place, and in the manner specified therein. In the event of
a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall
end on the date of completion specified in Exhibit B, and Artist shall complete the Work described in
Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended,
as provided for in Section 17. The time provided to Artist to complete the services required by this
Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 17.
1.2 Standard of Performance. Artist shall perform all services required pursuant to this Agreement in
the manner and according to the standards observed by a competent practitioner of the profession
in which Artist is engaged in the geographical area in which Artist practices its profession. Artist shall
prepare all work products required by this Agreement in a substantial, first-class manner and shall
conform to the standards of quality normally observed by a person practicing in Artist’s profession.
1.3 Assignment of Personnel. Artist shall assign only competent personnel to perform services
pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term
of this Agreement, desires the reassignment of any such persons, Artist shall, immediately upon
receiving notice from City of such desire of City, reassign such person or persons.
Attachment 2
Exhibit A to the Resolution
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1.4 Time. Artist shall devote such time to the performance of services pursuant to this Agreement as
may be reasonably necessary to meet the standard of performance provided in Section 1.1 above
and to satisfy Artist’s obligations hereunder.
Section 2. SCOPE OF WORK: Artist shall provide a final design, fabrication and installation of the public art
project for Heritage Park as more specifically described in Exhibits A and B of this Agreement.
2.1 The City shall be responsible for providing the Artist, without cost, copies of designs, drawings, reports,
and other relevant data needed by the Artist to design and execute the Project.
2.2 The Artist shall, whenever required during the term of this Agreement, present to the City in writing,
drawing, or other appropriate media for further review and approval any significant changes in the
scope, design, color, size, material, utility, support requirements, texture, or location of the site or the
Work. A significant change is any change that could affect the future installation, scheduling, site
preparation, or maintenance of the Work, or the concept of the Work as represented in the original
concept design included in Exhibit A.
2.3 The City may, at any time, request the Artist in writing to (a) revise portions of the services that he/she
has previously completed in a satisfactory manner; (b) delete portions of the Scope of the Work that
the Artist has not yet performed; (c) perform additional work beyond the Scope of Work to be provided
in Exhibit B; and, (d) make other changes within the General Scope of the Work to be performed under
this Agreement. In the event of such a written request, the Artist may, but shall not be obligated to
agree to any such request.
2.4 In the event the request for change is agreed to by the Artist, this Agreement shall be amended, in
writing, specifying the agreed changes, including, but not limited to, a description of services, additional
budget, payment schedule, and timetable. In the event that the Artist does not agree to the request,
the City shall be entitled to terminate the Agreement for cause pursuant to Article 17 herein.
2.5 No services for which additional compensation will be charged shall be provided by the Artist without
the prior written authorization by the City.
Section 3. COMPENSATION. City hereby agrees to pay Artist a sum not to exceed $100,000 as specified in
Exhibit C, notwithstanding any contrary indications that may be contained in Artist’s proposal, for services to be
performed under this Agreement; or subject to additional amounts for any revisions requested and change order
approved by the City as provided for in Section 2.3 above or elsewhere in this Agreement. In the event of a conflict
between this Agreement and Artist’s proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Artist for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified in Exhibit C shall be the only payments from City to Artist for services
rendered pursuant to this Agreement. Artist shall submit all invoices to City in the manner specified herein. Except as
specifically authorized by City, Artist shall not bill City for duplicate services performed by more than one person.
Artist and City acknowledge and agree that compensation paid by City to Artist under this Agreement is based upon
Artist’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and
subcontractors of Artist. Consequently, the parties further agree that compensation hereunder is intended to include
the costs of contributions to any pensions and/or annuities to which Artist and its employees, agents, and
subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation
required under this Agreement.
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3.1 Invoices. Artist shall submit invoices as specified in Exhibit B and C, not more often than once a
month during the term of this Agreement, based on the cost for services performed and reimbursable
costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of each billable phase; i.e., Bill No. 1 Phase I for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings, the
total due this period, the balance available under the Agreement, the Artist’s signature.
3.2 Total Payment. City shall pay for the services to be rendered by Artist pursuant to this Agreement.
City shall not pay any additional sum for any expense or cost whatsoever incurred by Artist in
rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or
additional service pursuant to this Agreement.
In no event shall Artist submit any invoice for an amount in excess of the maximum amount of
compensation provided above either for a task or for the entire Agreement, unless the Agreement is
modified prior to the submission of such an invoice by a properly executed change order or
amendment.
3.3 Payment of Taxes. Artist is solely responsible for the payment of employment taxes incurred under
this Agreement and any similar federal or state taxes.
3.4 Payment upon Termination. In the event that the City or Artist terminates this Agreement pursuant
to Section 17, the City shall compensate the Artist for all outstanding costs and reimbursable
expenses incurred for work satisfactorily completed as of the date of written notice of termination.
Artist shall maintain adequate logs and timesheets in order to verify costs incurred to that date.
3.5 Authorization to Perform Services. The Artist is not authorized to perform any services or incur
any costs whatsoever under the terms of this Agreement until receipt of authorization from the
Contract Administrator.
Section 4. FACILITIES AND EQUIPMENT. Except as set forth herein, Artist shall, at its sole cost and expense,
provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City
shall make available to Artist only the facilities and equipment listed in Exhibit B, and only under the terms and
conditions set forth herein.
Section 5. RESPONSIBILITY OF THE ARTIST
5.1 The Artist agrees that an essential element of this Agreement is the skill and creativity of the Artist.
The Artist shall not assign the creative or artistic portions of the Work to another party for the
production of the Work without the written consent of the City. Failure to conform to this provision
may be cause for termination of this Agreement, at the sole option of the City.
5.2 The Artist shall be responsible for providing services described in Exhibit B, including but not limited
to, the quality and timely completion of the services. As part of the Work, Artist shall be responsible
for designing the artwork, as described in Exhibit A, so that it can be constructed without exceeding
the approved overall budget for the artwork of $100,000. The Artist shall, without additional
compensation, correct or revise any errors, omissions, or other deficiencies in his/her Work.
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5.3 The Artist shall complete the fabrication and installation of the Work in substantial conformity with
the attached Exhibit B, Scope of Work.
5.4 The risk of loss or damage to the Work shall be borne by the Artist until final acceptance by City. The
Artist shall take such measures as are necessary to protect the Work from loss or damage until final
acceptance by City.
Section 6. TIMELY PROVISION OF SERICES; DAMAGES FOR DELAYED PERFORMANCE: The parties
agree that in the performance of the terms and requirements of this Agreement by the Artist that time is of the essence.
Artist shall devote such time to the performance of services pursuant to this Agreement as may be reasonably
necessary for satisfactory performance of Artist's obligations pursuant to this Agreement.
6.1 Damages for Delayed Performance. Subject to reasonable proof and documentation confirming
the same submitted by the City, Artist shall be liable for all incidental and consequential damages
resulting, directly or indirectly, from delays in performance caused by Artist's acts or omissions.
Damages may include, but are not limited to the cost to retrofit the Work installation area should
Artist not meet installation schedule as specified in Exhibit B. The Artist shall not be liable to City for
damages resulting from delays caused by force majeure or by acts or omissions of City, Architect or
the General Contractor; or third party vandalism, except to the extent Artist failed reasonably to
mitigate such damages.
6.2 Illness, Injury, Death or Incapacity. Should Artist die, become ill, injured or otherwise incapacitated
(collectively, “incapacitated”) such that Artist is unable to work for any period not exceeding 30 days
(whether consecutive or non-consecutive), any delay arising out of such incapacity will be allowed
by City whenever it is practicable to do so, considering the facts and circumstances of the Work, the
Project, the Architect, the General Contractor and the Client. City may require Artist to provide
medical certification of any claimed incapacity. In the event Artist is incapacitated such that Artist is
unable to work for a period exceeding a total of 30 days (whether consecutive or nonconsecutive),
City may, at its option, undertake to complete and install the Work in Artist’s absence, so long as the
final Artwork is substantially similar to that designed by Artist. If City undertakes to complete the
Work, City shall give due consideration to Artist’s suggestions, and Artist may disclaim authorship of
the Work. If City exercises its option to implement the Artwork in Artist’s absence, any compensation
paid or payable to Artist shall be reduced by the costs and expenditures of City in completion and
installation of the Work. In case of incapacity exceeding 30 days, the following person shall be Artist’s
representative vis-à-vis the City for purposes of this Section 6 unless otherwise directed in writing by
the Artist:
Teresita Romo
2375 5th Ave.
Sacramento, CA 95818
(916)833-6974
jntromo2018@gmail.com
Section 7. APPROVAL AND FINAL ACCEPTANCE OF ARTWORK. Payment does not imply acceptance of
work. The granting of any payment by City, or the receipt thereof by Artist, shall in no way lessen the liability of Artist
to replace unsatisfactory work, equipment, or materials, although the unsatisfactory character of such work, equipment
or materials may not have been apparent or detected at the time such payment was made. Materials, equipment,
components, or workmanship that does not conform to the requirements of this Agreement may be rejected by City
and in such case must be replaced by Artist without as soon as possible.
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7.1 The granting or withholding of any approval by the City shall be determined by the City in its sole
and reasonable discretion. However, the City shall approve all deliverables if they materially conform
to plans or Contract Documents previously approved by the City. If the City withholds approval of
any deliverables or Phase, in addition to other rights or remedies available to the City under the
Agreement or applicable law, the City shall have the right to terminate this Agreement immediately
and shall have no further obligations under this Agreement.
7.2 Final Acceptance. Artist shall advise the City in writing when Artist has completed all obligations,
services and deliverables under this Agreement and all modifications. The City promptly shall send
a Notice of Response identifying in writing any obligations, services or deliverables that Artist has
not satisfactorily met, any defects in Artist’s performance, and the requirements for Artist to cure any
such default. Artist shall have 20 days from dispatch of the Notice of Response to cure any defects
in Artist’s performance identified in the City’s Notice of Response. The Artwork shall not be officially
accepted by City unless the City has issued a resolution of Final Acceptance. City shall make a good
faith effort to make a determination as to Final Acceptance promptly.
7.3 Public Art Collection. Upon Final Acceptance, the City shall accession the Artwork into the Public
Art Collection.
Section 8. WARRANTIES/STANDARDS
8.1 Unique. Artist warrants that the design of the Artwork as expressed in the Proposal, Exhibit A, is an
edition of one, and that neither Artist nor Artist’s agents will execute or authorize another to execute
another work of the same or substantially similar image, design, dimensions and materials as the
Artwork. Artist may create works that utilize or incorporate various individual art elements that
comprise the Artwork, so long as the work utilizing or incorporating such individual elements (1) does
not consist predominantly of such elements, (2) is not the same or substantially similar in image,
design, dimensions and materials as the Artwork, and (3) is not displayed in an environment that is
the same or substantially similar to the environment in which the Artwork is to be displayed at the
site.
8.2 Warranty of Title. Artist represents and warrants that Artist is the sole author of the Artwork and that
Artist is the sole owner of any and all copyrights pertaining to the Artwork. Artist further represents
that the Artwork is free and clear of any liens and that there are no outstanding disputes in connection
with property rights, intellectual property rights or any other rights in the Artwork or any parts of the
Artwork.
8.3 The Artist shall faithfully perform the work required under this Agreement in accordance with
standards of care, skill, training, diligence, and judgment provided by highly competent professionals
who perform work of a similar nature to the Work described in this Agreement. Artist shall assign
only competent personnel to perform services pursuant to this Agreement. In the event that City, in
its sole discretion, at any time during the term of this Agreement, desires the removal of any such
persons, Artist shall, immediately upon receiving notice from City of such desire of City, cause the
removal of such person or persons, unless in the Artist's sole opinion, the skill or creativity of such
person or persons is essential to the creation of the Work.
8.4 Warranty of Workmanship. The Artist shall guarantee his/her Work to be free from faults of material
and workmanship for a period of one (1) year after installation and final acceptance by the City. The
Artist shall deliver the Work to the City free and clear of any liens from any source whatsoever. The
foregoing guarantees shall apply only to the Work that is entirely that of the Artist or persons
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responsible to the Artist, as installed, and shall not apply to materials or workmanship of projects in
which the Work of the Artist is integrated or combined, or to materials purchased, acquired, or
installed by a person or entity not responsible to the Artist.
8.5 Warranty of Public Safety. Artist represents and warrants that the Work will not pose a danger to
public health or safety in view of the possibility of misuse, if such misuse is in a manner that was
reasonably foreseeable at any time during the term of this Agreement.
8.6 Warranty of Acceptable Standard of Display and Operation. Artist represents and warrants that:
8.6.1 Occasional or minimal cleaning and repair of the Artwork and any associated working parts
and/or equipment will maintain the Work within an acceptable standard of public display;
8.6.2 Foreseeable exposure to the elements and general wear and tear will cause the Work to
experience only minor repairable damages and will not cause the Work to fall below an
acceptable standard of public display; and
8.6.3 With general routine cleaning and repair, and within the context of foreseeable exposure to
the elements and general wear and tear, the Work will not experience irreparable conditions
that do not fall within an acceptable standard of public display, including mold, rust,
fracturing, staining, chipping, tearing, abrading and peeling.
8.7 Manufacturer’s Warranties. To the extent the Work incorporates products covered by a
manufacturer’s warranty, Artist shall provide copies of such warranties to City.
Section 9. MAINTENANCE OF ARTWORK
9.1 Unless specifically provided in this Agreement, Artist shall not be responsible for ongoing
maintenance of the Artwork.
9.2 Artist shall provide the City with a General Maintenance Plan for the Artwork, with a detailed
description of future anticipated maintenance requirements; a recommended maintenance schedule;
anticipated and required care and/or replacement/upgrade of any part of the Artwork and associated
moving parts or equipment including any staff time involved in displaying or operating artwork and
the frequency of such staff involvement; and written instructions and manufacturer’s specifications
for reasonably foreseeable maintenance and preservation activities relating to the Artwork.
9.3 The Artwork shall be durable, taking into consideration that the installation site is an unsecured public
space that may be exposed to elements such as weather, temperature variation, and considerable
movement of people and equipment. Artist shall ensure that all maintenance requirements will be
reasonable in terms of time and expense.
9.4 Although City strives to maintain the Public Art Collection in good repair and condition, City is not
required by this Agreement to maintain the Artwork to any particular standard. City may determine
to allow the Artwork to deteriorate in accordance with the Artwork’s temporary life span, if deemed
appropriate by City or if City lacks sufficient funds for required maintenance and/or conservation. If
the Artwork suffers deterioration, City shall have sole discretion to determine whether to remove the
Artwork from display as a result of deterioration, whether to replace any portion of the Artwork or
translate any component into new media, or whether to maintain the Artwork on display despite its
deteriorated condition.
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9.5 The anticipated life span of the Artwork is 25 years from the date of final acceptance by the City.
After that time, the City in its sole discretion may re-evaluate the Artwork to determine if it retains its
identity as a work of art and, if not, whether to take appropriate action, including the possibility of
destroying the Artwork. If the City determines that, through decay, vandalism or other forces, the
Artwork has lost its integrity to the point where it should be destroyed, the City shall first offer the
Artwork to Artist free of charge and in writing.
Section 10. ARTIST’S RIGHTS; CITY’S OWNERSHIP RIGHTS
10.1 The City intends to display the Artwork as originally created by Artist in Exhibit A and to maintain the
Artwork in good condition. Public artworks commissioned by the City are sometimes integrated into
their site, such that they become an integral, permanent and site-specific part of the building’s
architecture or landscaped environment and removal of the artwork would result in significant
changes to the artwork and the building’s architecture. City, however, shall preserve complete
flexibility to operate and manage City property in the public’s interest. Therefore, City retains the
absolute right to alter the Artwork in City’s sole judgment. For example, City may alter the Artwork to
eliminate hazard, to comply with the ADA, to otherwise aid City in the management of its property
and affairs, or through neglect or accident. If, during or after the term of this Agreement, City finds
the Site to be inappropriate, City has the right to install the Artwork at an alternate location that City
chooses in its sole discretion. If the Artwork is free-standing such that it can be removed without
significant damage to the Artwork or the Site, and if the City authorizes the removal of the Artwork,
the City shall take reasonable precautions to minimize alteration of the Artwork during removal.
10.2 With respect to the Artwork produced under this Agreement, and in consideration of the procedures
and remedies specified in this Agreement, Artist waives any and all claims, arising at any time and
under any circumstances, against City, its officers, agents, employees, successors and assigns,
arising under the federal Visual Artists Rights Act (and 113(d)), the California Art Preservation Act
(Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey
rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq.,
or any other type of moral right protecting the integrity of works of art. If the Artwork is incorporated
into a building such that the Artwork cannot be removed from the building without alteration of the
Artwork, Artist waives any and all such claims against any future owners of the site, and its agents,
officers and employees, for alteration of the Artwork.
10.3 If City intends to take any action with respect to the site or the Artwork that would alter the Artwork,
other than routine cleaning and maintenance, the following procedures shall apply:
10.3.1 Notice. Where time permits, City shall make reasonable good faith efforts to notify Artist at
least 20 calendar days prior to authorizing any alteration of the Artwork, at the last phone
number or address provided by Artist to the City’s Contract Administrator. Where time does
not permit prior to alteration of the Artwork – for example, in cases of public hazard, accident
or unauthorized alteration – City shall notify Artist within 30 calendar days after such
alteration.
10.3.2 Consultation. After receiving such notice, Artist shall consult with City to determine whether
the Artwork can be restored or relocated, and to attempt to come to a mutually agreeable
plan for disposition of the Artwork. Such consultation shall be without charge by Artist unless
otherwise specifically agreed in writing. If City intends to remove the Artwork, Artist shall
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consult regarding methods to minimize or repair any Alteration to the Artwork caused by
such removal and the potential costs of such removal.
10.3.3 Restoration. If the Artwork is altered, with or without prior notice to Artist, and City intends
to maintain the Artwork on display, City shall make a reasonable good faith effort to engage
Artist in the restoration of the Artwork and to compensate Artist for Artist’s time and efforts
at fair market value, which may be the subject of a future Agreement between Artist and
City. However, City has no obligation under this Agreement to restore the Artwork to its
original condition, to compensate Artist for any restoration work, or to maintain the Artwork
on display. If Artist fails or refuses to negotiate with City in good faith with respect to any
restoration, City may contract with any other qualified art conservator or artist for such
restoration. During Artist’s lifetime, City shall make best efforts not to display or de-
accession only a portion of the Artwork without Artist’s consent.
10.3.4 Removal by Artist. Where time permits, if City intends to take action that will destroy or
significantly alter the Artwork, such as destruction of all or part of the site, and City
determines that it will not remove the Artwork itself, City shall allow Artist to remove the
Artwork at Artist’s expense within 60 days of notice from the City of the need to remove the
Artwork, in which case title shall revert to Artist. If Artist fails to remove the Artwork within
that 60 day period, City may alter the Artwork in any manner, including destroying it, in City’s
sole discretion.
10.3.5 Remedies. If City breaches any of its obligations under this Section, Artist’s remedies shall
be limited as follows: If City inadvertently fails to provide a required prior notice of alteration,
City will provide notice as soon as it discovers the omission, and before alteration of the
Artwork if that remains possible. If City alters the Artwork without providing Artist a required
prior notice of alteration, Artist shall be given the first right of refusal to restore the Artwork
at the same location and City shall make reasonable efforts to provide funding for the
restoration. If City funds cannot be made available after reasonable efforts are made to
secure such funding, Artist may, but is not obligated to, restore the Artwork at Artist’s
expense. If Artist elects not to restore the Artwork, City may retain another artist or
conservator to restore it, or may Alter the Artwork in any manner, at City’s sole discretion.
10.4 If City alters the Artwork without Artist’s consent in a manner that is prejudicial to Artist’s reputation,
Artist retains the right to disclaim authorship of the Artwork in accordance with California Civil Code
§987(d) and 17 U.S.C. §106A(a)(2).
10.5 Except as provided in this Agreement, with respect to third parties who are not officers, employees,
agents, successors or assigns of City, Artist retains Artist’s moral rights in the Artwork, as established
in the Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act
(Cal. Civil Code §§987 and 989), or any other local, state, federal or international moral rights laws
that protect the integrity of works of art. Accordingly, nothing herein shall prevent Artist from pursuing
a claim for alteration of the Artwork against a third party who is not an officer, employee, agent,
successor or assign of City. City has no obligation to pursue claims against third parties to remedy
or prevent alteration of the Artwork. However, as owner of the Artwork, City may pursue claims
against third parties for damages or to restore the Artwork if the Artwork has been altered without
City’s authorization.
Section 11. INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS
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11.1 Copyright. Subject to usage rights and licenses granted to City hereunder, Artist shall retain all 17
U.S.C. §106 copyrights in all original works of authorship produced under this Agreement. Artist’s
copyright shall not extend to predominantly utilitarian aspects of the Work, such as landscaping
elements, furnishings, or other similar objects. If Artist is comprised of two or more individual persons,
the individual persons shall be deemed joint authors of the Work.
11.2 City’s Intellectual Property License. Artist grants to City, and to City’s agents, authorized
contractors and assigns, an unlimited, non-exclusive and irrevocable license to do the following with
respect to the Work, the Artwork, and any original works of authorship created under this Agreement,
whether in whole or in part, in all media (including electronic and digital) throughout the universe:
11.2.1 Implementation, Use and Display. City may use and display the Work (to the extent the
Work includes graphic representations or models) and the Artwork. To the extent the Work
involves design elements that are incorporated by City into the design of the site, City may
implement such elements at the site.
11.2.2 Reproduction and Distribution. City may make and distribute, and authorize the making,
display and distribution of, photographs and other 2-dimensional reproductions. City may
use such reproductions for any City-related purpose, including advertising, educational and
promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic
and multimedia publicity, gifts for City benefactors, documentation of City’s Public Art
Collection, and catalogues or similar publications. City shall ensure that such reproductions
are made in a professional and tasteful manner, in the sole and reasonable judgment of the
City. The proceeds from the sale of any such reproductions shall be used to maintain and
support City’s Public Art Collection or for any other public purposes that City deems
appropriate. The license granted hereunder includes the right to create 2-dimensional
reproductions on items such as tote-bags, T-shirts, coffee mugs and similar merchandise.
Nothing hereunder shall be construed to constrain Artist from creating posters, note cards,
or other reproductions of the Artwork with appropriate credit to the City.
11.2.3 Public Records Requests. Any documents provided by Artist to City are public records
and City may authorize third parties to review and reproduce such documents pursuant to
public records laws, including the San Francisco Sunshine Ordinance and California Public
Records Act.
11.3 Third Party Infringement. The City is not responsible for any third party infringement of Artist’s
copyright and not responsible for protecting the intellectual property rights of Artist.
11.4. Credit. All reproductions by the City shall contain a credit to the Artist and a copyright notice
substantially in the following form: “Adan Romo – Romo Studios(c), 2022.” The Artist shall use his/her
best efforts to include a credit reading substantially "An original work commissioned by the City of
Dublin, California" in any public showing under the Artist's control of reproductions of the Work.
11.5 Publicity. City shall have the right to use Artist’s name, likeness, and biographical information, in
connection with the display or reproduction and distribution of the Artwork including all advertising
and promotional materials regarding City or the City. Artist shall be reasonably available to attend
any inauguration or presentation ceremonies relating to the public dedication of the Artwork.
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11.6 Trademark. In the event that City’s use of the Artwork creates trademark, service mark or trade
dress rights in connection with the Artwork, City shall have an exclusive and irrevocable right in such
trademark, service mark, or trade dress.
11.7 Resale Royalty. If City sells the Artwork as a fixture to real property, and if the resale value of the
Artwork is not itemized separately from the value of the real property, the parties agree that the resale
price of the Artwork shall be presumed to be less than the purchase price paid by City under this
Agreement. Thus, City has no obligation to pay resale royalties pursuant to California Civil Code
§986 or any other law requiring the payment of resale royalties. If City sells the Artwork as an
individual piece, separate from or itemized as part of a real property transaction, City shall pay to
Artist a resale royalty to the extent required by law, based upon the sale price of the Artwork.
11.8 If for any reason the proposed design is not implemented, all rights to the proposed artwork shall be
retained by the Artist. The City shall have no right to implement the proposed artwork, whether or
not protected by copyright, unless and until the City and the Artist enter into a subsequent agreement
for the implementation of the proposed design.
Section 12. OWNERSHIP OF RESULTS AND RISK OF LOSS
12.1 Title Transfer. Except in the case of early termination of this Agreement, title to the Artwork shall
transfer from Artist to City upon the City’s Final Acceptance of the Artwork. Title transfer shall be self-
executing upon City’s Final Acceptance. Artist will cooperate in providing to City any title transfer
documents City may request or require during or after the Term of this Agreement.
12.2 Risk of Loss. The risk of loss or damage to the Artwork shall be borne solely by Artist until Final
Acceptance of the Artwork by the City. Artist shall take steps to protect the Artwork from loss or
damage. The City staff shall make a good faith effort to inspect the Artwork within 15 days after
completion so that the City can approve the Artwork by resolution in a timely fashion.
12.3 Ownership of Documents. Conceptual Design, Design Development Documents, Construction
Documents, Samples, Mock-ups and all other documents prepared and submitted by Artist to the
City pursuant to this Agreement shall belong to the City. Artist may retain originals of such
documents and items and provide copies to City.
Section 13. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Artist, at its own
cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work hereunder by the Artist and its agents,
representatives, employees, and subcontractors. Artist shall provide proof satisfactory to City of such insurance that
meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Artist shall
maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Artist's bid. Artist shall not allow any subcontractor to commence work on any
subcontract until Artist has obtained all insurance required herein for the subcontractor(s) and provided evidence
thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to
execution.
13.1 Workers’ Compensation
13.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any
and all persons employed directly or indirectly by Contractor. The Statutory Workers’
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Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
13.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
13.2 Commercial General and Automobile Liability Insurance.
13.2.1 General requirements. Artist, at its own cost and expense, shall maintain commercial
general and automobile liability insurance for the term of this Agreement in an amount not
less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, TWO MILLION
DOLLARS ($2,000,000.00) aggregate, combined single limit coverage for risks associated
with the work contemplated by this Agreement. If a Commercial General Liability Insurance
or an Automobile Liability form or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Such coverage shall include but shall not be limited to, protection against claims
arising from bodily and personal injury, including death resulting therefrom, and damage to
property resulting from activities contemplated under this Agreement, including the use of
owned and non-owned automobiles.
13.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. Automobile coverage shall be at
least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90)
Code 8 and 9 (“any auto”). No endorsement shall be attached limiting the coverage.
13.2.3 Additional requirements. Each of the following shall be included in the insurance
coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as
additional insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Artist, including the insured’s general
supervision of Artist; products and completed operations of Artist; premises
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owned, occupied, or used by Artist; and automobiles owned, leased, or used by
the Artist. The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a
claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the
City and its officers, officials, employees and volunteers, and that no insurance or
self-insurance maintained by the City shall be called upon to contribute to a loss
under the coverage.
d. Any failure of Artist to comply with reporting provisions of the policy shall not affect
coverage provided to City and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been
given to the City. Artist shall notify City within 14 days of notification from Artist’s
insurer if such coverage is suspended, voided or reduced in coverage or in limits.
13.3 All Policies Requirements.
13.3.1 Acceptability of insurers. All insurance required by this section is to be placed with
insurers with a Bests' rating of no less than A:VII.
13.3.2 Verification of coverage. Prior to beginning any work under this Agreement, Artist shall
furnish City with certificates of insurance and with original endorsements effecting coverage
required herein. The certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The City
reserves the right to require complete, certified copies of all required insurance policies, at
any time.
13.3.3 Subcontractors. Artist shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor. All coverages
for subcontractors shall be subject to all of the requirements stated herein.
13.3.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon
a determination that the coverages, scope, limits, and forms of such insurance are either
not commercially available, or that the City’s interests are otherwise fully protected.
13.3.5 Deductibles and Self-Insured Retentions. Artist shall disclose to and obtain the approval
of City for the self-insured retentions and deductibles before beginning any of the services
or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Artist may increase such deductibles or self-insured
retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Artist procure a bond, guaranteeing payment of
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losses and related investigations, claim administration, and defense expenses that is
satisfactory in all respects to each of them.
13.3.6 Notice of Reduction in Coverage. In the event that any coverage required by this section
is reduced, limited, or materially affected in any other manner, Artist shall provide written
notice to City at Artist’s earliest possible opportunity and in no case later than five days after
Artist is notified of the change in coverage.
13.4 Remedies. In addition to any other remedies City may have if Artist fails to provide or maintain any
insurance policies or policy endorsements to the extent and within the time herein required, City may,
at its sole option exercise any of the following remedies, which are alternatives to other remedies
City may have and are not the exclusive remedy for Artist’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance
from any sums due under the Agreement;
Order Artist to stop work under this Agreement or withhold any payment that becomes due to
Artist hereunder, or both stop work and withhold any payment, until Artist demonstrates
compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 14. INDEMNIFICATION AND ARTIST’S RESPONSIBILITIES. Artist shall indemnify, defend with
counsel mutually selected by the City and Artist, and hold harmless the City and its officials, officers, employees,
agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of
action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal,
state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent
acts or omissions of Artist or its employees, subcontractors, or agents, by acts for which they could be held strictly
liable, or by the quality or character of their work. The foregoing obligation of Artist shall not apply when (1) the injury,
loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or
its officers, employees, agents, or volunteers and (2) the actions of Artist or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the
duty of Artist to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California
Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not
relieve Artist from liability under this indemnification and hold harmless clause. This indemnification and hold harmless
clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Artist acknowledges and agrees to the provisions of this Section
and that it is a material element of consideration.
In the event that Artist or any employee, agent, or subcontractor of Artist providing services under this Agreement is
determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be
eligible for enrollment in PERS as an employee of City, Artist shall indemnify, defend, and hold harmless City for the
payment of any employee and/or employer contributions for PERS benefits on behalf of Artist or its employees, agents,
or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise
be the responsibility of City.
Section 15. STATUS OF ARTIST AS INDEPENDENT CONTRACTOR.
15.1 Independent Contractor. At all times during the term of this Agreement, Artist shall be an
independent contractor and shall not be an employee of City. City shall have the right to control
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Artist only insofar as the results of Artist's services rendered pursuant to this Agreement and
assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the
right to control the means by which Artist accomplishes services rendered pursuant to this
Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or
ordinance to the contrary, Artist and any of its employees, agents, and subcontractors providing
services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive
any and all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS)
as an employee of City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits.
15.2 Nothing contained in this Agreement shall be construed as limiting the right of Artist to engage in
his/her profession separate and apart from this Agreement so long as such activities do not interfere
with the performance by Artist of his/her obligations as set forth in this Agreement.
15.3 Artist No Agent. Except as City may specify in writing, Artist shall have no authority, express or
implied, to act on behalf of City in any capacity whatsoever as an agent. Artist shall have no authority,
express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 16. LEGAL REQUIREMENTS.
16.1 Governing Law. The laws of the State of California shall govern this Agreement.
16.2 Compliance with Applicable Laws. Artist and any subcontractors shall comply with all laws
applicable to the performance of the work hereunder.
16.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal
assistance from another governmental entity, Artist and any subcontractors shall comply with all
applicable rules and regulations to which City is bound by the terms of such fiscal assistance
program.
16.4 Licenses and Permits. Artist represents and warrants to City that Artist and its employees, agents,
and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature
that are legally required to practice their respective professions. Artist represents and warrants to
City that Artist and its employees, agents, any subcontractors shall, at their sole cost and expense,
keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that
are legally required to practice their respective professions. In addition to the foregoing, Artist and
any subcontractors shall obtain and maintain during the term of this Agreement valid Business
Licenses from City.
16.5 Nondiscrimination and Equal Opportunity. Artist shall not discriminate, on the basis of a
person’s race, sex, gender, religion (including religious dress and grooming practices), national
origin, ancestry, physical or mental disability, medical condition (including cancer and genetic
characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information,
gender identity or expression, political affiliation or belief, military/veteran status, or any other
classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”),
against any employee, applicant for employment, subcontractor, bidder for a subcontract, or
participant in, recipient of, or applicant for any services or programs provided by Consultant under
this Agreement.
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Artist shall include the provisions of this Subsection in any subcontract approved by the Contract
Administrator or this Agreement.
16.6 Prevailing Wage. Artist shall comply with any applicable state and local laws regarding payment of
prevailing wages for Public Works projects.
Section 17. TERMINATION AND MODIFICATION.
17.1 Termination. City may cancel this Agreement at any time and without cause upon written notification
to Artist.
Artist may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such
notice the reasons for cancellation.
In the event of termination, Artist shall be entitled to compensation for services performed to the
effective date of termination; City, however, may condition payment of such compensation upon
Artist delivering to City any or all documents, photographs, computer software, video and audio
tapes, and other materials provided to Artist or prepared by or for Artist or the City in connection with
this Agreement.
17.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement
beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment
to this Agreement, as provided for herein. Artist understands and agrees that, if City grants such an
extension, City shall have no obligation to provide Artist with compensation beyond the maximum
amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator,
City shall have no obligation to reimburse Artist for any otherwise reimbursable expenses incurred
during the extension period.
17.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
17.4 Assignment and Subcontracting. City and Artist recognize and agree that this Agreement
contemplates personal performance by Artist and is based upon a determination of Artist’s unique
personal competence, experience, and specialized personal knowledge. Moreover, a substantial
inducement to City for entering into this Agreement was and is the professional reputation and
competence of Artist. Artist may not assign this Agreement or any interest therein without the prior
written approval of the Contract Administrator. Artist shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted in the
proposal, without prior written approval of the Contract Administrator.
17.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this
Agreement allocating liability between City and Artist shall survive the termination of this Agreement.
17.6 Options upon Breach by Artist. If Artist materially breaches any of the terms of this Agreement,
City’s remedies shall include, but not be limited to, the following:
17.6.1 Immediately terminate the Agreement;
17.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work
product prepared by Artist pursuant to this Agreement;
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17.6.3 Retain a different Artist to complete the work described in Exhibit A not finished by Artist; or
17.6.4 Charge Artist the difference between the cost to complete the work described in Exhibit A
that is unfinished at the time of breach and the amount that City would have paid Artist
pursuant to Section 2 if Artist had completed the work.
Section 18. KEEPING AND STATUS OF RECORDS.
18.1 City Access to Artwork; Inspection of Work and Artwork. City shall have the reasonable right to,
at its sole expense, inspect the Work, including the Artwork, at the fabrication Site during any phase
of the project at any time. In the event that all or part of the Work is created in a location other than
the Site, the City shall have the right to inspect the Work, including the Artwork, at any phase of the
project following 48 hours written notice from the City to the Artist. The Artist shall be responsible for
facilitating City’s prompt access to Artist’s property or the property of the Artist’s subcontractors
where the Work or portions of the Work are being fabricated or installed.
18.2 Status Reports. Artist shall submit written reports regarding the status of the Work, including the
Artwork, as may be reasonably requested by the City. The City shall determine the format for the
content of such reports. The timely submission of all reports is a necessary and material term and
condition of this Agreement. The reports, including any copies, shall be submitted on recycled paper
and printed on double-sided pages to the maximum extent possible.
18.3 Artist Availability. Artist or Artist’s authorized agent shall be available at Artist’s sole expense for
up to 2 visits to Dublin to ensure the proper installation and operation of the Artwork. During each
visit to Dublin, unless otherwise agreed upon by the City, the Artist’s visit shall last for at least a full
8 hour day.
18.4 Records Created as Part of Artist’s Performance. With the exception of model submitted with
initial proposal, all reports, data, maps, models, charts, studies, surveys, photographs, memoranda,
plans, studies, specifications, records, files, or any other documents or materials, in electronic or any
other form, that Artist prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Artist hereby agrees to deliver those documents
to the City upon termination of the Agreement. It is understood and agreed that the documents and
other materials, including but not limited to those described above, prepared pursuant to this
Agreement are prepared specifically for the City and are not necessarily suitable for any future or
other use. City and Artist agree that, until final approval by City, all data, plans, specifications, reports
and other documents are confidential and will not be released to third parties without prior written
consent of both parties. It is also agreed that proposal model remains property of the Artist and will
be returned to Artist after the finished sculpture is installed.
18.5 Artist’s Books and Records. Artist shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services or expenditures and disbursements charged to the City under this Agreement for a minimum
of three (3) years, or for any longer period required by law, from the date of final payment to the Artist
to this Agreement.
18.6 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement
requires Artist to maintain shall be made available for inspection, audit, and/or copying at any time
during regular business hours, upon oral or written request of the City. Under California Government
Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN
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THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit
of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3)
years after final payment under the Agreement.
Section 19. MISCELLANEOUS PROVISIONS.
19.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory
relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to
reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The
court may set such fees in the same action or in a separate action brought for that purpose.
19.2 Venue. In the event that either party brings any action against the other under this Agreement, the
parties agree that trial of such action shall be vested exclusively in the state courts of California in
the County of Alameda.
19.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement
is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
19.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement
does not constitute a waiver of any other breach of that term or any other term of this Agreement.
19.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall
apply to and bind the successors and assigns of the parties.
19.6 Use of Recycled Products. Artist shall prepare and submit all reports, written studies and other
printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
19.7 Conflict of Interest. Artist may serve other clients, but none whose activities within the corporate
limits of City or whose business, regardless of location, would place Artist in a “conflict of interest,”
as that term is defined in the Political Reform Act, codified at California Government Code Section
81000 et seq.
Artist shall not employ any City official in the work performed pursuant to this Agreement. No officer
or employee of City shall have any financial interest in this Agreement that would violate California
Government Code Sections 1090 et seq.
Artist hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an
employee, agent, appointee, or official of the City. If Artist was an employee, agent, appointee, or
official of the City in the previous twelve months, Artist warrants that it did not participate in any
manner in the forming of this Agreement. Artist understands that, if this Agreement is made in
violation of Government Code §1090 et.seq., the entire Agreement is void and Artist will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Artist will be required to reimburse the City for any sums paid to
the Artist. Artist understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from
holding public office in the State of California.
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19.8 Solicitation. Artist agrees not to solicit business at any meeting, focus group, or interview related
to this Agreement, either orally or through any written materials.
19.9 Contract Administration. This Agreement shall be administered by the City Manager or his/her
designee ("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
19.10 Notices. Any written notice to Artist shall be sent to:
Adan Romo, Romo Studios, LLC
2409 U Street
Sacramento, CA 95818
(916)505-5753
aromo@romostudios.com
www.romostudios.com
Any written notice to City shall be sent to:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
(925) 833-6645
19.11 Professional Seal. Where applicable in the determination of the contract administrator, the first
page of a technical report, first page of design specifications, and each page of construction drawings
shall be stamped/sealed and signed by the licensed professional responsible for the report/design
preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered
Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
19.12 Integration. This Agreement, including the proposal, scope of work, and payment schedule
attached hereto and incorporated herein as Exhibits A, B and C, represents the entire and integrated
agreement between City and Artist and supersedes all prior negotiations, representations, or
agreements, either written or oral.
SIGNATURES ON FOLLOWING PAGE
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Public Art Agreement between the February 15, 2022
City of Dublin and Romo Studios Page 19 of 19
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN ARTIST
____________________________ ______________________________
City Manager Adan Romo, Artist
Attest:
____________________________
City Clerk
Approved as to Form:
____________________________
City Attorney
2559640.1
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EXHIBIT A
ARTIST PROPOSAL
57
The Heritage Park site represents a special place where people from all over the world, from
different backgrounds and traditions, gathered at various points during this land’s history to
gather, work, raise families and build the community that thrives today in the City of Dublin.
This rich history is difficult to represent and celebrate in one singular piece. Here at Romo
Studios we took on this challenge by proposing six different small sculptures placed around
the park.
Walking around the park we realized that there are several historic large buildings- the Kolb
house, the Hay barn, the Old St. Ramon church and Murray school- but it was hard to imagine
what life was like back in Dublin’s rich history. Our minds wondered and envisioned the original
Native tribes that lived here and what their daily life looked like. Or how farming was done prior
to engines and tractors. What it was like for the blacksmith that worked here and his working
conditions. Or visiting Murray school we wondered how it was possible for children to attend a
school with only a single room. With so many thoughts about the past, we thought a fun and
creative way to bring scenes of past life was to propose making several small sculptures that
were snapshots of what people did here. These small scenes will be ideal for children who, like
us, often times wonder what the past was like. These small scale scenes will entice adults as
well - who can resist miniature scenes of activity.
Many of the people depicted in these small scene celebrate the many men and women who
came here - famous and not so famous - from all over the world to contribute to the building of
the city. The Native American tribes of the Seunen, Souyen and the Pelnen will be depicted in a
small bronze sculpture with a creek and waterway that once existed here in Dublin where local
tribes would gather fish, food, acorns and plants for making baskets. The sculpture of the small
Murray school celebrates the educators and children - past and present - who through
education have contributed to the city’s growth and success. The farmland being tilled
represents all the farmers in the region who have labored to feed a growing city. The
blacksmith scene depict highlights the industries that existed here at this site - a blacksmith
shop and a wheel wagon fabrication shop. Needless to say these two crafts contributed to
the growth of the city of Dublin as it emerged from a being a small town to a thriving city.
Scattered around the park, visitors will walk around in search of these small bronze works.
Each scene will be made of bronze and each depict a moment in life that took place here at
Heritage Park. The sculptures will be mounted to a corten steel pedestal that will be anchored
to concrete foundations. The corten steel bases will look rusty and match the rusty look of
hinges and farm equipment that currently exists in the park. Each work - bronze sculpture on
its pedestal - will be around 32” high. At the base of each pedestal we propose the placement
of a large stone, much like the ones found in the Heritage Park landscape, where children can
stand and take a peek into these tiny little worlds. On the side of each pedestal will be a
plaque welded firmly with information about the scenes and the Dublin history it depicts.
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MAINTANENCE -
The bronze figures and corten steel pedestals will need little to no maintenance - aside from
cleaning every 2 years.
FABRICATION + INSTALLATION -
Fabrication and installation of the artwork will be completed by
Artworks Foundry
729 Heinz Ave #10
Berkeley, CA 94710
(510) 644-2735
Tipping Structural Engineers
1906 Shattuck Ave
Berkeley, CA 94704
(510) 549-1906
The sculptures with pedestals will delivered by large truck and will be anchored into a
reinforced concrete base.
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CITY OF DUBLINHERITAGE PARK ARTISTIC FEATURESPROPOSAL60
61
BLACKSMITHSHOPTHIS SCULPTURE CELEBRATE THE INDUSTRIES THAT TOOK PLACE AT THE SITE OF HERITAGE PARK - A BLACKSMITH SHOP AND WAGON WHELL FABRICATION - BOTH PAID A VITAL ROLL IN HELPING BUILD THE CITY.62
EARLY OHLONE SETTLERS THESE FLIUD FORMS REPRESENTTHE SMALL CREEK AND WATERWAYSTHAT ONCE RESIDED HERE AT HERITAGEPARK AND WHERE NATIVE TRIBESCOLLECTED FOOD, ACORNS AND PARTICULAR PLANT LIFETO WEAVE BASKETS.THE SEUNEN, SOUYEN AND PELNEN TRIBES63
DUBLIN PIONEERCEMETERY64
DUBLINFARMERSFARM FIELDS BEING PLOWED, CELEBRATING THEACRES OF FARMLANDTHAT MADE UP LARGE AREAS OF DUBLINAND PROVIDED THEFOOD NECESSARY FOR A GROWING CITY. 65
GOLD MINERSAND GOLDSETTLERS THIS SCULPTURE REPRESENTSTHE AREAS HISTORY OF PROVIDING HOUSINGAND SUPPLIES FOR GOLD MINERSAS WELL AS JOSE AMADOR, MICHAEL MURRAY, JEREMIAH FALLONAND JAMES DOUGHERTY.66
MURRAYSCHOOL HOUSEMURRAY SCHOOL HOUSEHELPED EDUCATED GENERATIONSOF EARLY CITIZENS OF DUBLIN ANDWAS A FOUNDATION FOR HELPING BUILD THE CIOTY.67
CHILDREN INTERACTING WITHARTWORK68
EXHIBIT B
SCOPE OF WORK
SCHEDULE FOR COMPLETION OF WORK. The following schedule shall be adhered to in the
performance of the work. During the term of this Agreement, the City Project Manager must
approve Artist’s work at each phase of development before the Artist proceeds to the next phase.
The City Project Manager for this Agreement is:
Shaun Chilkotowsky
Heritage and Cultural Arts Manager
100 Civic Plaza
Dublin, CA 94568
(925) 556-4565
Shaun.Chikotowsky@dublin.ca.gov
EXECUTION OF CONTRACT
DELIVERABLES: DUE DATE:
x Fully Executed Contract
x Evidence of All Required Insurance, Dublin Business
License
February, 2022
February, 2022
PHASE I: CLAY MODELS
The scope of work under this phase includes completion of the six clay models of the six artwork
figures.
x Artist will complete the clay models, according to the artist proposal previously approved by
the City. This includes thoughtful research to ensure accurate representation of the figures
while the clay models are being developed.
x Phase will be considered complete when all deliverables have been received by City Project
Manager. Payment may be released earlier than date specified should Phase be deemed
complete.
x Should artist wish to make changes during the process, Artist will obtain City’s written
approval for any changes substantial enough to be visible to a layperson.
DELIVERABLES: DUE DATE:
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x Studio tour for City representatives to verify production of
the clay models of the six artwork figures.
x Clay Models Complete. Following the City’s approval, there
will be no changes to the design without mutual consent of
the Artist and the City.
June 30, 2022 (EST.)
Aug 30, 2022 (EST.)
PHASE II: MOLDS/WAX
The scope of work under this phase includes completion of the six clay molds/wax of the six
artwork figures.
x Artist will complete the molds/wax, according to the clay figures previously approved by the
City.
x Phase will be considered complete when all deliverables have been received by City Project
Manager. Payment may be released earlier than date specified should Phase be deemed
complete.
x Should artist wish to make changes during the mold/wax process, Artist will obtain City’s
written approval for any changes substantial enough to be visible to a layperson.
DELIVERABLES: DUE DATE:
x Studio/Foundry tour for City representatives to see and sign
off on clay molds/wax of the six artwork figures. Following
the City’s approval, there will be no changes to the design
without mutual consent of the Artist and the City.
x Progress Report to indicate any potential change to project
timeline.
October 30, 2022 (EST.)
October 30, 2022 (EST.)
PHASE III: BRONZE CAST, METAL BASES
The scope of work under this phase includes the bronze casting of the six artwork figures and
fabrication of the Corten steel metal bases for each artwork figure.
x Artist and foundry will complete the bronze castings, according to the molds created in the
previous phase.
70
x Artist will complete the fabrication of the Corten steel bases for the six artwork figures.
x Artist shall work cooperatively with the City to draft interpretative language, which is to be
incorporated into the plaque installed on the steel base of each artwork figure. The City
requires that all signage to be displayed on City property adhere to conventionally accepted
spelling and punctuation, proper grammar and City style preferences, as determined by the
City.
x Should artist wish to make changes during the process, Artist will obtain City’s written
approval for any changes substantial enough to be visible to a layperson.
x Phase will be considered complete when all deliverables have been received by City Project
Manager. Payment may be released earlier than date specified should Phase be deemed
complete.
DELIVERABLES: DUE DATE:
x Studio/Foundry tour for City representative to verify the
completed casting of the bronze artwork figures.
x Studio/Foundry tour for City representative to verify the
completed fabrication of the six Corten steel bases for the
artwork figures.
x Progress Report to indicate any potential change to project
timeline.
January 30, 2023 (EST.)
January 30, 2023 (EST.)
December 15, 2022 (EST.)
PHASE IV: CONCRETE, INSTALL, & CLOSEOUT
The scope of work under this phase includes the completion of the footing elements and
installation of the steel bases, artwork figures, and signage:
x Phase will be considered complete when all deliverables have been received by City Project
Manager. Payment may be released earlier than date specified should Phase be deemed
complete.
x Artist shall create an installation plan indicating the staging and sequence of all aspects of
installation. The Installation Plan must include a detailed description of the estimated duration
of installation, the equipment to be used, and all workers who will be on site to assist.
x Working in cooperation with the City, Artist will complete the installation of the concrete
footings, in preparation for installation of the Corten steel bases and bronze figures.
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x Prior to installation of Artwork, Artist’s shall verify in writing that the preparation of the artwork
attachment or mounting system and installation is being implemented in accordance industry
standard best practices and approved by City.
x Artist shall supply all hardware necessary for installation.
DELIVERABLES: DUE DATE:
x Delivery and installation plan developed with City.
x Successful installation of concrete and artwork bases.
x Successful installation of artwork figures and interpretative
signage.
x Inspection of the Artwork immediately after installation.
x Final inspection by the City of Dublin.
x Receipt of Artwork Maintenance Records
January 1, 2023 (EST.)
February 30, 2023 (EST.)
March 30, 2023 (EST.)
March 30, 2023 (EST.)
Within 30 Days of Installation
Within 30 Days of Installation
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EXHIBIT C
PAYMENT SCHEDULE
% COMPLETION
PHASE OF WORK DESCRIPTION OF PHASE By Phase Overall ARTIST FEE
EXECUTION Execution of Contract 10% 10% $10,000
Phase I Clay Models 20% 30% $20,000
Phase II Molds 20% 50% $20,000
Phase III Bronze Cast, Metal Bases 20% 70% $20,000
Phase IV Concrete, Install and Closeout 30% 100% $30,000
TOTAL ARTIST FEE $100,000
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Attachment 3
Reso. No. XX-22, Item X.X, Adopted 2/15/2022 Page 1 of 1
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A PUBLIC ART AGREEMENT WITH BRIAN KEITH FOR A PUBLIC ART
PROJECT AT HERITAGE PARK
WHEREAS,the 2020-2025 Capital Improvement Program Update includes a project to
design, fabricate, and install a permanent Public Art Monumental Sculpture, at Heritage Park;
and
WHEREAS,an open call was solicited according to the Public Art Master Plan process,
with five of the 18 responding artists selected to submit site specific design proposals; and
WHEREAS,the proposal by artist Brian Keith was recommended be the Ad-Hoc
Selection Committee, Heritage and Cultural Arts Commission, and Parks and Community
Services Commission; and
WHEREAS,Brian Keith has demonstrated ability to perform said services and a third
party art conservator reviewed the design proposal.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby authorize the execution of a Public Art Agreement with Brian Keith for the design,
fabrication, and installation of a Public Art project at Heritage Park.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute
amendments to the agreement, attached hereto as Exhibit A,and make any necessary, non-
substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of February 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PUBLIC ART AGREEMENT BETWEEN
THE CITY OF DUBLIN AND BRIAN KEITH
THIS AGREEMENT is made by and between the City of Dublin (“City”) and Brian Keith (“Artist”) as of February
15, 2022, for the purposes and on the terms and conditions set forth below.
RECITALS
WHEREAS, the City requires the services of Artist to perform artistic services described in the Agreement for a
public art project as described under Section 8.58 of the Dublin Municipal Code; and
WHEREAS, the City is authorized by Section 2.36.050 of the Dublin Municipal Code to contract for the specialized
services of the artist contemplated by this Agreement; and
WHEREAS, Artist is qualified and desires to perform the artistic services required by the City as set forth in this
Agreement; and
WHEREAS, the City Council, on February 15, 2022, authorized the City Manager to negotiate an agreement
between City and Artist for the preparation of a final design, fabrication and installation for a public art sculpture at
Heritage Park
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as
follows:
AGREEMENT
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Artist shall provide to
City the services necessary to provide the artwork (“Work”) described in the Artist Proposal described in Exhibit A, and
in the Scope of Work attached as Exhibit B at the time and place, and in the manner specified therein. In the event of
a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall
end on the date of completion specified in Exhibit B, and Artist shall complete the Work described in
Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended,
as provided for in Section 17. The time provided to Artist to complete the services required by this
Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 17.
1.2 Standard of Performance. Artist shall perform all services required pursuant to this Agreement in
the manner and according to the standards observed by a competent practitioner of the profession
in which Artist is engaged in the geographical area in which Artist practices its profession. Artist shall
prepare all work products required by this Agreement in a substantial, first-class manner and shall
conform to the standards of quality normally observed by a person practicing in Artist’s profession.
1.3 Assignment of Personnel. Artist shall assign only competent personnel to perform services
pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term
of this Agreement, desires the reassignment of any such persons, Artist shall, immediately upon
receiving notice from City of such desire of City, reassign such person or persons.
DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 Attachment 4
Exhibit A to the Resolution
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1.4 Time. Artist shall devote such time to the performance of services pursuant to this Agreement as
may be reasonably necessary to meet the standard of performance provided in Section 1.1 above
and to satisfy Artist’s obligations hereunder.
Section 2. SCOPE OF WORK: Artist shall provide a final design, fabrication and installation of a monumental
art sculpture for the Heritage Park public art project as more specifically described in Exhibits A and B of this
Agreement.
2.1 The City shall be responsible for providing the Artist, without cost, copies of designs, drawings, reports,
and other relevant data needed by the Artist to design and execute the Project.
2.2 The Artist shall, whenever required during the term of this Agreement, present to the City in writing,
drawing, or other appropriate media for further review and approval any significant changes in the
scope, design, color, size, material, utility, support requirements, texture, or location of the site or the
Work. A significant change is any change that could affect the future installation, scheduling, site
preparation, or maintenance of the Work, or the concept of the Work as represented in the original
concept design included in Exhibit A.
2.3 The City may, at any time, request the Artist in writing to (a) revise portions of the services that he/she
has previously completed in a satisfactory manner; (b) delete portions of the Scope of the Work that
the Artist has not yet performed; (c) perform additional work beyond the Scope of Work to be provided
in Exhibit B; and, (d) make other changes within the General Scope of the Work to be performed under
this Agreement. In the event of such a written request, the Artist may, but shall not be obligated to
agree to any such request.
2.4 In the event the request for change is agreed to by the Artist, this Agreement shall be amended, in
writing, specifying the agreed changes, including, but not limited to, a description of services, additional
budget, payment schedule, and timetable. In the event that the Artist does not agree to the request,
the City shall be entitled to terminate the Agreement for cause pursuant to Article 17 herein.
2.5 No services for which additional compensation will be charged shall be provided by the Artist without
the prior written authorization by the City.
Section 3. COMPENSATION. City hereby agrees to pay Artist a sum not to exceed $350,000 as specified in
Exhibit C, notwithstanding any contrary indications that may be contained in Artist’s proposal, for services to be
performed under this Agreement; or subject to additional amounts for any revisions requested and change order
approved by the City as provided for in Section 2.3 above or elsewhere in this Agreement. In the event of a conflict
between this Agreement and Artist’s proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Artist for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified in Exhibit C shall be the only payments from City to Artist for services
rendered pursuant to this Agreement. Artist shall submit all invoices to City in the manner specified herein. Except as
specifically authorized by City, Artist shall not bill City for duplicate services performed by more than one person.
Artist and City acknowledge and agree that compensation paid by City to Artist under this Agreement is based upon
Artist’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and
subcontractors of Artist. Consequently, the parties further agree that compensation hereunder is intended to include
the costs of contributions to any pensions and/or annuities to which Artist and its employees, agents, and
subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation
required under this Agreement.
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3.1 Invoices. Artist shall submit invoices as specified in Exhibit B and C, not more often than once a
month during the term of this Agreement, based on the cost for services performed and reimbursable
costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of each billable phase; i.e., Bill No. 1 Phase I for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings, the
total due this period, the balance available under the Agreement, the Artist’s signature.
3.2 Total Payment. City shall pay for the services to be rendered by Artist pursuant to this Agreement.
City shall not pay any additional sum for any expense or cost whatsoever incurred by Artist in
rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or
additional service pursuant to this Agreement.
In no event shall Artist submit any invoice for an amount in excess of the maximum amount of
compensation provided above either for a task or for the entire Agreement, unless the Agreement is
modified prior to the submission of such an invoice by a properly executed change order or
amendment.
3.3 Payment of Taxes. Artist is solely responsible for the payment of employment taxes incurred under
this Agreement and any similar federal or state taxes.
3.4 Payment upon Termination. In the event that the City or Artist terminates this Agreement pursuant
to Section 17, the City shall compensate the Artist for all outstanding costs and reimbursable
expenses incurred for work satisfactorily completed as of the date of written notice of termination.
Artist shall maintain adequate logs and timesheets in order to verify costs incurred to that date.
3.5 Authorization to Perform Services. The Artist is not authorized to perform any services or incur
any costs whatsoever under the terms of this Agreement until receipt of authorization from the
Contract Administrator.
Section 4. FACILITIES AND EQUIPMENT. Except as set forth herein, Artist shall, at its sole cost and expense,
provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City
shall make available to Artist only the facilities and equipment listed in Exhibit B, and only under the terms and
conditions set forth herein.
Section 5. RESPONSIBILITY OF THE ARTIST
5.1 The Artist agrees that an essential element of this Agreement is the skill and creativity of the Artist.
The Artist shall not assign the creative or artistic portions of the Work to another party for the
production of the Work without the written consent of the City. Failure to conform to this provision
may be cause for termination of this Agreement, at the sole option of the City.
5.2 The Artist shall be responsible for providing services described in Exhibit B, including but not limited
to, the quality and timely completion of the services. As part of the Work, Artist shall be responsible
for designing the artwork, as described in Exhibit A, so that it can be constructed without exceeding
the approved overall budget for the artwork of $350,000. The Artist shall, without additional
compensation, correct or revise any errors, omissions, or other deficiencies in his/her Work.
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5.3 The Artist shall complete the fabrication and installation of the Work in substantial conformity with
the attached Exhibit B, Scope of Work.
5.4 The risk of loss or damage to the Work shall be borne by the Artist until final acceptance by City. The
Artist shall take such measures as are necessary to protect the Work from loss or damage until final
acceptance by City.
Section 6. TIMELY PROVISION OF SERICES; DAMAGES FOR DELAYED PERFORMANCE: The parties
agree that in the performance of the terms and requirements of this Agreement by the Artist that time is of the essence.
Artist shall devote such time to the performance of services pursuant to this Agreement as may be reasonably
necessary for satisfactory performance of Artist's obligations pursuant to this Agreement.
6.1 Damages for Delayed Performance. Subject to reasonable proof and documentation confirming
the same submitted by the City, Artist shall be liable for all incidental and consequential damages
resulting, directly or indirectly, from delays in performance caused by Artist's acts or omissions.
Damages may include, but are not limited to the cost to retrofit the Work installation area should
Artist not meet installation schedule as specified in Exhibit B. The Artist shall not be liable to City for
damages resulting from delays caused by force majeure or by acts or omissions of City, Architect or
the General Contractor; or third party vandalism, except to the extent Artist failed reasonably to
mitigate such damages.
6.2 Illness, Injury, Death or Incapacity. Should Artist die, become ill, injured or otherwise incapacitated
(collectively, “incapacitated”) such that Artist is unable to work for any period not exceeding 30 days
(whether consecutive or non-consecutive), any delay arising out of such incapacity will be allowed
by City whenever it is practicable to do so, considering the facts and circumstances of the Work, the
Project, the Architect, the General Contractor and the Client. City may require Artist to provide
medical certification of any claimed incapacity. In the event Artist is incapacitated such that Artist is
unable to work for a period exceeding a total of 30 days (whether consecutive or nonconsecutive),
City may, at its option, undertake to complete and install the Work in Artist’s absence, so long as the
final Artwork is substantially similar to that designed by Artist. If City undertakes to complete the
Work, City shall give due consideration to Artist’s suggestions, and Artist may disclaim authorship of
the Work. If City exercises its option to implement the Artwork in Artist’s absence, any compensation
paid or payable to Artist shall be reduced by the costs and expenditures of City in completion and
installation of the Work. In case of incapacity exceeding 30 days, the following person shall be Artist’s
representative vis-à-vis the City for purposes of this Section 6 unless otherwise directed in writing by
the Artist:
Lanisa Keith
36 Canyon Hills Place
San Ramon, CA 94582
(925)642-5400
lanisa@lanisa.com
Section 7. APPROVAL AND FINAL ACCEPTANCE OF ARTWORK. Payment does not imply acceptance of
work. The granting of any payment by City, or the receipt thereof by Artist, shall in no way lessen the liability of Artist
to replace unsatisfactory work, equipment, or materials, although the unsatisfactory character of such work, equipment
or materials may not have been apparent or detected at the time such payment was made. Materials, equipment,
components, or workmanship that does not conform to the requirements of this Agreement may be rejected by City
and in such case must be replaced by Artist without as soon as possible.
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7.1 The granting or withholding of any approval by the City shall be determined by the City in its sole
and reasonable discretion. However, the City shall approve all deliverables if they materially conform
to plans or Contract Documents previously approved by the City. If the City withholds approval of
any deliverables or Phase, in addition to other rights or remedies available to the City under the
Agreement or applicable law, the City shall have the right to terminate this Agreement immediately
and shall have no further obligations under this Agreement.
7.2 Final Acceptance. Artist shall advise the City in writing when Artist has completed all obligations,
services and deliverables under this Agreement and all modifications. The City promptly shall send
a Notice of Response identifying in writing any obligations, services or deliverables that Artist has
not satisfactorily met, any defects in Artist’s performance, and the requirements for Artist to cure any
such default. Artist shall have 20 days from dispatch of the Notice of Response to cure any defects
in Artist’s performance identified in the City’s Notice of Response. The Artwork shall not be officially
accepted by City unless the City has issued a resolution of Final Acceptance. City shall make a good
faith effort to make a determination as to Final Acceptance promptly.
7.3 Public Art Collection. Upon Final Acceptance, the City shall accession the Artwork into the Public
Art Collection.
Section 8. WARRANTIES/STANDARDS
8.1 Unique. Artist warrants that the design of the Artwork as expressed in the Proposal, Exhibit A, is an
edition of one, and that neither Artist nor Artist’s agents will execute or authorize another to execute
another work of the same or substantially similar image, design, dimensions and materials as the
Artwork. Artist may create works that utilize or incorporate various individual art elements that
comprise the Artwork, so long as the work utilizing or incorporating such individual elements (1) does
not consist predominantly of such elements, (2) is not the same or substantially similar in image,
design, dimensions and materials as the Artwork, and (3) is not displayed in an environment that is
the same or substantially similar to the environment in which the Artwork is to be displayed at the
site.
8.2 Warranty of Title. Artist represents and warrants that Artist is the sole author of the Artwork and that
Artist is the sole owner of any and all copyrights pertaining to the Artwork. Artist further represents
that the Artwork is free and clear of any liens and that there are no outstanding disputes in connection
with property rights, intellectual property rights or any other rights in the Artwork or any parts of the
Artwork.
8.3 The Artist shall faithfully perform the work required under this Agreement in accordance with
standards of care, skill, training, diligence, and judgment provided by highly competent professionals
who perform work of a similar nature to the Work described in this Agreement. Artist shall assign
only competent personnel to perform services pursuant to this Agreement. In the event that City, in
its sole discretion, at any time during the term of this Agreement, desires the removal of any such
persons, Artist shall, immediately upon receiving notice from City of such desire of City, cause the
removal of such person or persons, unless in the Artist's sole opinion, the skill or creativity of such
person or persons is essential to the creation of the Work.
8.4 Warranty of Workmanship. The Artist shall guarantee his/her Work to be free from faults of material
and workmanship for a period of one (1) year after installation and final acceptance by the City. The
Artist shall deliver the Work to the City free and clear of any liens from any source whatsoever. The
foregoing guarantees shall apply only to the Work that is entirely that of the Artist or persons
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responsible to the Artist, as installed, and shall not apply to materials or workmanship of projects in
which the Work of the Artist is integrated or combined, or to materials purchased, acquired, or
installed by a person or entity not responsible to the Artist.
8.5 Warranty of Public Safety. Artist represents and warrants that the Work will not pose a danger to
public health or safety in view of the possibility of misuse, if such misuse is in a manner that was
reasonably foreseeable at any time during the term of this Agreement.
8.6 Warranty of Acceptable Standard of Display and Operation. Artist represents and warrants that:
8.6.1 Occasional or minimal cleaning and repair of the Artwork and any associated working parts
and/or equipment will maintain the Work within an acceptable standard of public display;
8.6.2 Foreseeable exposure to the elements and general wear and tear will cause the Work to
experience only minor repairable damages and will not cause the Work to fall below an
acceptable standard of public display; and
8.6.3 With general routine cleaning and repair, and within the context of foreseeable exposure to
the elements and general wear and tear, the Work will not experience irreparable conditions
that do not fall within an acceptable standard of public display, including mold, rust,
fracturing, staining, chipping, tearing, abrading and peeling.
8.7 Manufacturer’s Warranties. To the extent the Work incorporates products covered by a
manufacturer’s warranty, Artist shall provide copies of such warranties to City.
Section 9. MAINTENANCE OF ARTWORK
9.1 Unless specifically provided in this Agreement, Artist shall not be responsible for ongoing
maintenance of the Artwork.
9.2 Artist shall provide the City with a General Maintenance Plan for the Artwork, with a detailed
description of future anticipated maintenance requirements; a recommended maintenance schedule;
anticipated and required care and/or replacement/upgrade of any part of the Artwork and associated
moving parts or equipment including any staff time involved in displaying or operating artwork and
the frequency of such staff involvement; and written instructions and manufacturer’s specifications
for reasonably foreseeable maintenance and preservation activities relating to the Artwork.
9.3 The Artwork shall be durable, taking into consideration that the installation site is an unsecured public
space that may be exposed to elements such as weather, temperature variation, and considerable
movement of people and equipment. Artist shall ensure that all maintenance requirements will be
reasonable in terms of time and expense.
9.4 Although City strives to maintain the Public Art Collection in good repair and condition, City is not
required by this Agreement to maintain the Artwork to any particular standard. City may determine
to allow the Artwork to deteriorate in accordance with the Artwork’s temporary life span, if deemed
appropriate by City or if City lacks sufficient funds for required maintenance and/or conservation. If
the Artwork suffers deterioration, City shall have sole discretion to determine whether to remove the
Artwork from display as a result of deterioration, whether to replace any portion of the Artwork or
translate any component into new media, or whether to maintain the Artwork on display despite its
deteriorated condition.
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9.5 The anticipated life span of the Artwork is 30 years from the date of final acceptance by the City.
After that time, the City in its sole discretion may re-evaluate the Artwork to determine if it retains its
identity as a work of art and, if not, whether to take appropriate action, including the possibility of
destroying the Artwork. If the City determines that, through decay, vandalism or other forces, the
Artwork has lost its integrity to the point where it should be destroyed, the City shall first offer the
Artwork to Artist free of charge and in writing.
Section 10. ARTIST’S RIGHTS; CITY’S OWNERSHIP RIGHTS
10.1 The City intends to display the Artwork as originally created by Artist in Exhibit A and to maintain the
Artwork in good condition. Public artworks commissioned by the City are sometimes integrated into
their site, such that they become an integral, permanent and site-specific part of the building’s
architecture or landscaped environment and removal of the artwork would result in significant
changes to the artwork and the building’s architecture. City, however, shall preserve complete
flexibility to operate and manage City property in the public’s interest. Therefore, City retains the
absolute right to alter the Artwork in City’s sole judgment. For example, City may alter the Artwork to
eliminate hazard, to comply with the ADA, to otherwise aid City in the management of its property
and affairs, or through neglect or accident. If, during or after the term of this Agreement, City finds
the Site to be inappropriate, City has the right to install the Artwork at an alternate location that City
chooses in its sole discretion. If the Artwork is free-standing such that it can be removed without
significant damage to the Artwork or the Site, and if the City authorizes the removal of the Artwork,
the City shall take reasonable precautions to minimize alteration of the Artwork during removal.
10.2 With respect to the Artwork produced under this Agreement, and in consideration of the procedures
and remedies specified in this Agreement, Artist waives any and all claims, arising at any time and
under any circumstances, against City, its officers, agents, employees, successors and assigns,
arising under the federal Visual Artists Rights Act (and 113(d)), the California Art Preservation Act
(Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey
rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq.,
or any other type of moral right protecting the integrity of works of art. If the Artwork is incorporated
into a building such that the Artwork cannot be removed from the building without alteration of the
Artwork, Artist waives any and all such claims against any future owners of the site, and its agents,
officers and employees, for alteration of the Artwork.
10.3 If City intends to take any action with respect to the site or the Artwork that would alter the Artwork,
other than routine cleaning and maintenance, the following procedures shall apply:
10.3.1 Notice. Where time permits, City shall make reasonable good faith efforts to notify Artist at
least 20 calendar days prior to authorizing any alteration of the Artwork, at the last phone
number or address provided by Artist to the City’s Contract Administrator. Where time does
not permit prior to alteration of the Artwork – for example, in cases of public hazard, accident
or unauthorized alteration – City shall notify Artist within 30 calendar days after such
alteration.
10.3.2 Consultation. After receiving such notice, Artist shall consult with City to determine whether
the Artwork can be restored or relocated, and to attempt to come to a mutually agreeable
plan for disposition of the Artwork. Such consultation shall be without charge by Artist unless
otherwise specifically agreed in writing. If City intends to remove the Artwork, Artist shall
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consult regarding methods to minimize or repair any Alteration to the Artwork caused by
such removal and the potential costs of such removal.
10.3.3 Restoration. If the Artwork is altered, with or without prior notice to Artist, and City intends
to maintain the Artwork on display, City shall make a reasonable good faith effort to engage
Artist in the restoration of the Artwork and to compensate Artist for Artist’s time and efforts
at fair market value, which may be the subject of a future Agreement between Artist and
City. However, City has no obligation under this Agreement to restore the Artwork to its
original condition, to compensate Artist for any restoration work, or to maintain the Artwork
on display. If Artist fails or refuses to negotiate with City in good faith with respect to any
restoration, City may contract with any other qualified art conservator or artist for such
restoration. During Artist’s lifetime, City shall make best efforts not to display or de-
accession only a portion of the Artwork without Artist’s consent.
10.3.4 Removal by Artist. Where time permits, if City intends to take action that will destroy or
significantly alter the Artwork, such as destruction of all or part of the site, and City
determines that it will not remove the Artwork itself, City shall allow Artist to remove the
Artwork at Artist’s expense within 60 days of notice from the City of the need to remove the
Artwork, in which case title shall revert to Artist. If Artist fails to remove the Artwork within
that 60 day period, City may alter the Artwork in any manner, including destroying it, in City’s
sole discretion.
10.3.5 Remedies. If City breaches any of its obligations under this Section, Artist’s remedies shall
be limited as follows: If City inadvertently fails to provide a required prior notice of alteration,
City will provide notice as soon as it discovers the omission, and before alteration of the
Artwork if that remains possible. If City alters the Artwork without providing Artist a required
prior notice of alteration, Artist shall be given the first right of refusal to restore the Artwork
at the same location and City shall make reasonable efforts to provide funding for the
restoration. If City funds cannot be made available after reasonable efforts are made to
secure such funding, Artist may, but is not obligated to, restore the Artwork at Artist’s
expense. If Artist elects not to restore the Artwork, City may retain another artist or
conservator to restore it, or may Alter the Artwork in any manner, at City’s sole discretion.
10.4 If City alters the Artwork without Artist’s consent in a manner that is prejudicial to Artist’s reputation,
Artist retains the right to disclaim authorship of the Artwork in accordance with California Civil Code
§987(d) and 17 U.S.C. §106A(a)(2).
10.5 Except as provided in this Agreement, with respect to third parties who are not officers, employees,
agents, successors or assigns of City, Artist retains Artist’s moral rights in the Artwork, as established
in the Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act
(Cal. Civil Code §§987 and 989), or any other local, state, federal or international moral rights laws
that protect the integrity of works of art. Accordingly, nothing herein shall prevent Artist from pursuing
a claim for alteration of the Artwork against a third party who is not an officer, employee, agent,
successor or assign of City. City has no obligation to pursue claims against third parties to remedy
or prevent alteration of the Artwork. However, as owner of the Artwork, City may pursue claims
against third parties for damages or to restore the Artwork if the Artwork has been altered without
City’s authorization.
Section 11. INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS
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11.1 Copyright. Subject to usage rights and licenses granted to City hereunder, Artist shall retain all 17
U.S.C. §106 copyrights in all original works of authorship produced under this Agreement. Artist’s
copyright shall not extend to predominantly utilitarian aspects of the Work, such as landscaping
elements, furnishings, or other similar objects. If Artist is comprised of two or more individual persons,
the individual persons shall be deemed joint authors of the Work.
11.2 City’s Intellectual Property License. Artist grants to City, and to City’s agents, authorized
contractors and assigns, an unlimited, non-exclusive and irrevocable license to do the following with
respect to the Work, the Artwork, and any original works of authorship created under this Agreement,
whether in whole or in part, in all media (including electronic and digital) throughout the universe:
11.2.1 Implementation, Use and Display. City may use and display the Work (to the extent the
Work includes graphic representations or models) and the Artwork. To the extent the Work
involves design elements that are incorporated by City into the design of the site, City may
implement such elements at the site.
11.2.2 Reproduction and Distribution. City may make and distribute, and authorize the making,
display and distribution of, photographs and other 2-dimensional reproductions. City may
use such reproductions for any City-related purpose, including advertising, educational and
promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic
and multimedia publicity, gifts for City benefactors, documentation of City’s Public Art
Collection, and catalogues or similar publications. City shall ensure that such reproductions
are made in a professional and tasteful manner, in the sole and reasonable judgment of the
City. The proceeds from the sale of any such reproductions shall be used to maintain and
support City’s Public Art Collection or for any other public purposes that City deems
appropriate. The license granted hereunder includes the right to create 2-dimensional
reproductions on items such as tote-bags, T-shirts, coffee mugs and similar merchandise.
Nothing hereunder shall be construed to constrain Artist from creating posters, note cards,
or other reproductions of the Artwork with appropriate credit to the City.
11.2.3 Public Records Requests. Any documents provided by Artist to City are public records
and City may authorize third parties to review and reproduce such documents pursuant to
public records laws, including the San Francisco Sunshine Ordinance and California Public
Records Act.
11.3 Third Party Infringement. The City is not responsible for any third party infringement of Artist’s
copyright and not responsible for protecting the intellectual property rights of Artist.
11.4. Credit. All reproductions by the City shall contain a credit to the Artist and a copyright notice
substantially in the following form: “Brian Keith (c), 2023.” The Artist shall use his/her best efforts to
include a credit reading substantially "An original work commissioned by the City of Dublin,
California" in any public showing under the Artist's control of reproductions of the Work.
11.5 Publicity. City shall have the right to use Artist’s name, likeness, and biographical information, in
connection with the display or reproduction and distribution of the Artwork including all advertising
and promotional materials regarding City or the City. Artist shall be reasonably available to attend
any inauguration or presentation ceremonies relating to the public dedication of the Artwork.
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11.6 Trademark. In the event that City’s use of the Artwork creates trademark, service mark or trade
dress rights in connection with the Artwork, City shall have an exclusive and irrevocable right in such
trademark, service mark, or trade dress.
11.7 Resale Royalty. If City sells the Artwork as a fixture to real property, and if the resale value of the
Artwork is not itemized separately from the value of the real property, the parties agree that the resale
price of the Artwork shall be presumed to be less than the purchase price paid by City under this
Agreement. Thus, City has no obligation to pay resale royalties pursuant to California Civil Code
§986 or any other law requiring the payment of resale royalties. If City sells the Artwork as an
individual piece, separate from or itemized as part of a real property transaction, City shall pay to
Artist a resale royalty to the extent required by law, based upon the sale price of the Artwork.
11.8 If for any reason the proposed design is not implemented, all rights to the proposed artwork shall be
retained by the Artist. The City shall have no right to implement the proposed artwork, whether or
not protected by copyright, unless and until the City and the Artist enter into a subsequent agreement
for the implementation of the proposed design.
Section 12. OWNERSHIP OF RESULTS AND RISK OF LOSS
12.1 Title Transfer. Except in the case of early termination of this Agreement, title to the Artwork shall
transfer from Artist to City upon the City’s Final Acceptance of the Artwork. Title transfer shall be self-
executing upon City’s Final Acceptance. Artist will cooperate in providing to City any title transfer
documents City may request or require during or after the Term of this Agreement.
12.2 Risk of Loss. The risk of loss or damage to the Artwork shall be borne solely by Artist until Final
Acceptance of the Artwork by the City. Artist shall take steps to protect the Artwork from loss or
damage. The City staff shall make a good faith effort to inspect the Artwork within 15 days after
completion so that the City can approve the Artwork by resolution in a timely fashion.
12.3 Ownership of Documents. Conceptual Design, Design Development Documents, Construction
Documents, Samples, Mock-ups and all other documents prepared and submitted by Artist to the
City pursuant to this Agreement shall belong to the City. Artist may retain originals of such
documents and items and provide copies to City.
Section 13. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Artist, at its own
cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work hereunder by the Artist and its agents,
representatives, employees, and subcontractors. Artist shall provide proof satisfactory to City of such insurance that
meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Artist shall
maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Artist's bid. Artist shall not allow any subcontractor to commence work on any
subcontract until Artist has obtained all insurance required herein for the subcontractor(s) and provided evidence
thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to
execution.
13.1 Workers’ Compensation
13.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any
and all persons employed directly or indirectly by Contractor. The Statutory Workers’
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Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
13.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified
in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
13.2 Commercial General and Automobile Liability Insurance.
13.2.1 General requirements. Artist, at its own cost and expense, shall maintain commercial
general and automobile liability insurance for the term of this Agreement in an amount not
less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, TWO MILLION
DOLLARS ($2,000,000.00) aggregate, combined single limit coverage for risks associated
with the work contemplated by this Agreement. If a Commercial General Liability Insurance
or an Automobile Liability form or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Such coverage shall include but shall not be limited to, protection against claims
arising from bodily and personal injury, including death resulting therefrom, and damage to
property resulting from activities contemplated under this Agreement, including the use of
owned and non-owned automobiles.
13.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. Automobile coverage shall be at
least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90)
Code 8 and 9 (“any auto”). No endorsement shall be attached limiting the coverage.
13.2.3 Additional requirements. Each of the following shall be included in the insurance
coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as
additional insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Artist, including the insured’s general
supervision of Artist; products and completed operations of Artist; premises
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owned, occupied, or used by Artist; and automobiles owned, leased, or used by
the Artist. The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a
claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the
City and its officers, officials, employees and volunteers, and that no insurance or
self-insurance maintained by the City shall be called upon to contribute to a loss
under the coverage.
d. Any failure of Artist to comply with reporting provisions of the policy shall not affect
coverage provided to City and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been
given to the City. Artist shall notify City within 14 days of notification from Artist’s
insurer if such coverage is suspended, voided or reduced in coverage or in limits.
13.3 All Policies Requirements.
13.3.1 Acceptability of insurers. All insurance required by this section is to be placed with
insurers with a Bests' rating of no less than A:VII.
13.3.2 Verification of coverage. Prior to beginning any work under this Agreement, Artist shall
furnish City with certificates of insurance and with original endorsements effecting coverage
required herein. The certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The City
reserves the right to require complete, certified copies of all required insurance policies, at
any time.
13.3.3 Subcontractors. Artist shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor. All coverages
for subcontractors shall be subject to all of the requirements stated herein.
13.3.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon
a determination that the coverages, scope, limits, and forms of such insurance are either
not commercially available, or that the City’s interests are otherwise fully protected.
13.3.5 Deductibles and Self-Insured Retentions. Artist shall disclose to and obtain the approval
of City for the self-insured retentions and deductibles before beginning any of the services
or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Artist may increase such deductibles or self-insured
retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Artist procure a bond, guaranteeing payment of
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losses and related investigations, claim administration, and defense expenses that is
satisfactory in all respects to each of them.
13.3.6 Notice of Reduction in Coverage. In the event that any coverage required by this section
is reduced, limited, or materially affected in any other manner, Artist shall provide written
notice to City at Artist’s earliest possible opportunity and in no case later than five days after
Artist is notified of the change in coverage.
13.4 Remedies. In addition to any other remedies City may have if Artist fails to provide or maintain any
insurance policies or policy endorsements to the extent and within the time herein required, City may,
at its sole option exercise any of the following remedies, which are alternatives to other remedies
City may have and are not the exclusive remedy for Artist’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance
from any sums due under the Agreement;
Order Artist to stop work under this Agreement or withhold any payment that becomes due to
Artist hereunder, or both stop work and withhold any payment, until Artist demonstrates
compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 14. INDEMNIFICATION AND ARTIST’S RESPONSIBILITIES. Artist shall indemnify, defend with
counsel mutually selected by the City and Artist, and hold harmless the City and its officials, officers, employees,
agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of
action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal,
state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent
acts or omissions of Artist or its employees, subcontractors, or agents, by acts for which they could be held strictly
liable, or by the quality or character of their work. The foregoing obligation of Artist shall not apply when (1) the injury,
loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or
its officers, employees, agents, or volunteers and (2) the actions of Artist or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the
duty of Artist to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California
Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not
relieve Artist from liability under this indemnification and hold harmless clause. This indemnification and hold harmless
clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Artist acknowledges and agrees to the provisions of this Section
and that it is a material element of consideration.
In the event that Artist or any employee, agent, or subcontractor of Artist providing services under this Agreement is
determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be
eligible for enrollment in PERS as an employee of City, Artist shall indemnify, defend, and hold harmless City for the
payment of any employee and/or employer contributions for PERS benefits on behalf of Artist or its employees, agents,
or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise
be the responsibility of City.
Section 15. STATUS OF ARTIST AS INDEPENDENT CONTRACTOR.
15.1 Independent Contractor. At all times during the term of this Agreement, Artist shall be an
independent contractor and shall not be an employee of City. City shall have the right to control
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Artist only insofar as the results of Artist's services rendered pursuant to this Agreement and
assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the
right to control the means by which Artist accomplishes services rendered pursuant to this
Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or
ordinance to the contrary, Artist and any of its employees, agents, and subcontractors providing
services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive
any and all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS)
as an employee of City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits.
15.2 Nothing contained in this Agreement shall be construed as limiting the right of Artist to engage in
his/her profession separate and apart from this Agreement so long as such activities do not interfere
with the performance by Artist of his/her obligations as set forth in this Agreement.
15.3 Artist No Agent. Except as City may specify in writing, Artist shall have no authority, express or
implied, to act on behalf of City in any capacity whatsoever as an agent. Artist shall have no authority,
express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 16. LEGAL REQUIREMENTS.
16.1 Governing Law. The laws of the State of California shall govern this Agreement.
16.2 Compliance with Applicable Laws. Artist and any subcontractors shall comply with all laws
applicable to the performance of the work hereunder.
16.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal
assistance from another governmental entity, Artist and any subcontractors shall comply with all
applicable rules and regulations to which City is bound by the terms of such fiscal assistance
program.
16.4 Licenses and Permits. Artist represents and warrants to City that Artist and its employees, agents,
and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature
that are legally required to practice their respective professions. Artist represents and warrants to
City that Artist and its employees, agents, any subcontractors shall, at their sole cost and expense,
keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that
are legally required to practice their respective professions. In addition to the foregoing, Artist and
any subcontractors shall obtain and maintain during the term of this Agreement valid Business
Licenses from City.
16.5 Nondiscrimination and Equal Opportunity. Artist shall not discriminate, on the basis of a
person’s race, sex, gender, religion (including religious dress and grooming practices), national
origin, ancestry, physical or mental disability, medical condition (including cancer and genetic
characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information,
gender identity or expression, political affiliation or belief, military/veteran status, or any other
classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”),
against any employee, applicant for employment, subcontractor, bidder for a subcontract, or
participant in, recipient of, or applicant for any services or programs provided by Consultant under
this Agreement.
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Artist shall include the provisions of this Subsection in any subcontract approved by the Contract
Administrator or this Agreement.
16.6 Prevailing Wage. Artist shall comply with any applicable state and local laws regarding payment of
prevailing wages for Public Works projects.
Section 17. TERMINATION AND MODIFICATION.
17.1 Termination. City may cancel this Agreement at any time and without cause upon written notification
to Artist.
Artist may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such
notice the reasons for cancellation.
In the event of termination, Artist shall be entitled to compensation for services performed to the
effective date of termination; City, however, may condition payment of such compensation upon
Artist delivering to City any or all documents, photographs, computer software, video and audio
tapes, and other materials provided to Artist or prepared by or for Artist or the City in connection with
this Agreement.
17.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement
beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment
to this Agreement, as provided for herein. Artist understands and agrees that, if City grants such an
extension, City shall have no obligation to provide Artist with compensation beyond the maximum
amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator,
City shall have no obligation to reimburse Artist for any otherwise reimbursable expenses incurred
during the extension period.
17.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
17.4 Assignment and Subcontracting. City and Artist recognize and agree that this Agreement
contemplates personal performance by Artist and is based upon a determination of Artist’s unique
personal competence, experience, and specialized personal knowledge. Moreover, a substantial
inducement to City for entering into this Agreement was and is the professional reputation and
competence of Artist. Artist may not assign this Agreement or any interest therein without the prior
written approval of the Contract Administrator. Artist shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted in the
proposal, without prior written approval of the Contract Administrator.
17.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this
Agreement allocating liability between City and Artist shall survive the termination of this Agreement.
17.6 Options upon Breach by Artist. If Artist materially breaches any of the terms of this Agreement,
City’s remedies shall include, but not be limited to, the following:
17.6.1 Immediately terminate the Agreement;
17.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work
product prepared by Artist pursuant to this Agreement;
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17.6.3 Retain a different Artist to complete the work described in Exhibit A not finished by Artist; or
17.6.4 Charge Artist the difference between the cost to complete the work described in Exhibit A
that is unfinished at the time of breach and the amount that City would have paid Artist
pursuant to Section 2 if Artist had completed the work.
Section 18. KEEPING AND STATUS OF RECORDS.
18.1 City Access to Artwork; Inspection of Work and Artwork. City shall have the reasonable right to,
at its sole expense, inspect the Work, including the Artwork, at the fabrication Site during any phase
of the project at any time. In the event that all or part of the Work is created in a location other than
the Site, the City shall have the right to inspect the Work, including the Artwork, at any phase of the
project following 48 hours written notice from the City to the Artist. The Artist shall be responsible for
facilitating City’s prompt access to Artist’s property or the property of the Artist’s subcontractors
where the Work or portions of the Work are being fabricated or installed.
18.2 Status Reports. Artist shall submit written reports regarding the status of the Work, including the
Artwork, as may be reasonably requested by the City. The City shall determine the format for the
content of such reports. The timely submission of all reports is a necessary and material term and
condition of this Agreement. The reports, including any copies, shall be submitted on recycled paper
and printed on double-sided pages to the maximum extent possible.
18.3 Artist Availability. Artist or Artist’s authorized agent shall be available at Artist’s sole expense for
up to 2 visits to Dublin to ensure the proper installation and operation of the Artwork. During each
visit to Dublin, unless otherwise agreed upon by the City, the Artist’s visit shall last for at least a full
8 hour day.
18.4 Records Created as Part of Artist’s Performance. With the exception of model submitted with
initial proposal, all reports, data, maps, models, charts, studies, surveys, photographs, memoranda,
plans, studies, specifications, records, files, or any other documents or materials, in electronic or any
other form, that Artist prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Artist hereby agrees to deliver those documents
to the City upon termination of the Agreement. It is understood and agreed that the documents and
other materials, including but not limited to those described above, prepared pursuant to this
Agreement are prepared specifically for the City and are not necessarily suitable for any future or
other use. City and Artist agree that, until final approval by City, all data, plans, specifications, reports
and other documents are confidential and will not be released to third parties without prior written
consent of both parties. It is also agreed that proposal model remains property of the Artist and will
be returned to Artist after the finished sculpture is installed.
18.5 Artist’s Books and Records. Artist shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services or expenditures and disbursements charged to the City under this Agreement for a minimum
of three (3) years, or for any longer period required by law, from the date of final payment to the Artist
to this Agreement.
18.6 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement
requires Artist to maintain shall be made available for inspection, audit, and/or copying at any time
during regular business hours, upon oral or written request of the City. Under California Government
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Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN
THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit
of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3)
years after final payment under the Agreement.
Section 19. MISCELLANEOUS PROVISIONS.
19.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory
relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to
reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The
court may set such fees in the same action or in a separate action brought for that purpose.
19.2 Venue. In the event that either party brings any action against the other under this Agreement, the
parties agree that trial of such action shall be vested exclusively in the state courts of California in
the County of Alameda.
19.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement
is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
19.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement
does not constitute a waiver of any other breach of that term or any other term of this Agreement.
19.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall
apply to and bind the successors and assigns of the parties.
19.6 Use of Recycled Products. Artist shall prepare and submit all reports, written studies and other
printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
19.7 Conflict of Interest. Artist may serve other clients, but none whose activities within the corporate
limits of City or whose business, regardless of location, would place Artist in a “conflict of interest,”
as that term is defined in the Political Reform Act, codified at California Government Code Section
81000 et seq.
Artist shall not employ any City official in the work performed pursuant to this Agreement. No officer
or employee of City shall have any financial interest in this Agreement that would violate California
Government Code Sections 1090 et seq.
Artist hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an
employee, agent, appointee, or official of the City. If Artist was an employee, agent, appointee, or
official of the City in the previous twelve months, Artist warrants that it did not participate in any
manner in the forming of this Agreement. Artist understands that, if this Agreement is made in
violation of Government Code §1090 et.seq., the entire Agreement is void and Artist will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Artist will be required to reimburse the City for any sums paid to
the Artist. Artist understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from
holding public office in the State of California.
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19.8 Solicitation. Artist agrees not to solicit business at any meeting, focus group, or interview related
to this Agreement, either orally or through any written materials.
19.9 Contract Administration. This Agreement shall be administered by the City Manager or his/her
designee ("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
19.10 Notices. Any written notice to Artist shall be sent to:
Brian Keith
36 Canyon Hills Place
San Ramon, CA 94582
(925)642-0400
Brian@BrianKeithFineArt.com
www.briankeithfineart.com
Any written notice to City shall be sent to:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
(925) 833-6645
19.11 Professional Seal. Where applicable in the determination of the contract administrator, the first
page of a technical report, first page of design specifications, and each page of construction drawings
shall be stamped/sealed and signed by the licensed professional responsible for the report/design
preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered
Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
19.12 Integration. This Agreement, including the proposal, scope of work, and payment schedule
attached hereto and incorporated herein as Exhibits A, B and C, represents the entire and integrated
agreement between City and Artist and supersedes all prior negotiations, representations, or
agreements, either written or oral.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN ARTIST
____________________________ ______________________________
City Manager Brian Keith, Artist
Attest:
____________________________
City Clerk
Approved as to Form:
____________________________
City Attorney
2559640.1
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EXHIBIT A
ARTIST PROPOSAL
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Dublin Heritage Crossroads Monument
The use of sculpture has a way of capturing the essence of what a thousand words cannot describe. It can tell a rare,
often unheard tale about an unrecognized life. Public art can also cause the footsteps of a person to slow down and
ponder something of great value and meaning the way nothing else can. In considering the City of Dublin’s Monument
Sculpture for the Heritage Park and Museum, I hope to convey a story of history that captures the steadfastness and
perseverance of the pioneering families of Dublin, and the historical influence and inspiration of the Ohlone native tribes
who lived in the East Bay.
My concept designs were inspired by painters of the pioneer era such as Morgan Weistling. The storytelling of Norman
Rockwell has also influenced my design by helping me to create engaging sculptures that tell a tale through expression,
animated poses, and authentic clothing and time-era tools. In the design that I am submitting, I hope to have a work of
art that engages the community and invites them to experience elements within the pioneering story of Dublin.
The overall rock-base is placed on a concrete footprint with granite pavers that are measured in an oval of 23 feet by 17
feet. The location of this artwork would be on display near the entry to the park on the corner of Dublin Blvd. and
Donlon Way. I have integrated an oval design that is similar to that of the stage area located near to the bank. This
allows for there to be a continued landscape design element within the park and this artwork. The pavers on the
footprint will be a natural stone color, with an intersecting set of green pavers that depict a set of stagecoach tracks.
Being the actual location of the Crossroads, I felt this was a very important element to include within the design.
Standing on top of the rock formation are four (115% life-size) figures at different elevations. A young girl(64” tall) is
feeding sheep with a large feeding bottle that depicts how younger children had responsibilities and chores during ranch
life. A teenage boy(73” tall) has his hands on the plow as he takes a brief rest, looking at the job he has just finished.
The hard work is seen on his expression that he has on his satisfied and happy face. Also, a Blacksmith(84” tall) holds his
hammer above the anvil depicting the way a rancher would need to be strong in his abilities to forge new tools and
improvise ways of reusing items throughout the property. And finally, an Ohlone woman(72” figure) is sitting while she
is weaving a basket, depicting the importance of this essential craft to their way of life. This location within the
monument will allow for viewers to sit next to and have photo opportunities or textile learning experiences with.
This monument will be made of cast bronze and the foundation will be concrete and granite pavers. The sculptures for
the bronze monument will be cast at Artworks Foundry in Berkeley, California, which is a premiere foundry for casting
work. The timeline for the overall artwork to be sculpted, cast, and installed would place it at a March/April 2023
unveiling date.
The installation of the bronze figures would require a concrete pad to be poured, and masonry work to be completed
displaying the beautiful granite pavers which would be the footprint for the rockwork that the figures stand on. The rock
work(plans included in proposal) would be created on a metal structure that has concrete formed around it. This plan
was created by OTL who does this similar work for locations throughout the country, and much of the rockwork at the
San Diego Zoo. This allows for children to sit on the bench locations within the design and to include elements
embedded within the sides of the rock formation including a pick axe, a mining plate, and several items depicting the
presence and influence of the Native Tribes known within the East Bay. Installation would be relatively simple and would
involve on site assembly of the rocks. And then the four sculpture elements with threaded rods and industrial epoxy
would be permanently installed. Maintenance would be very minimal due to the durability of bronze, requiring only a 6-
8 month wash and waxing of the bronze figures.
I am very honored to be considered for this important project. It is my intention to create a monument that will
commemorate the legacy of pioneering families of Dublin, the City’s unique Ohlone heritage, and the history of this
particular Crossroads location. I look forward to working with you to ensure that my efforts are as meaningful as
possible and reflects the values and hopes for this monument.
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EXHIBIT B
SCOPE OF WORK
SCHEDULE FOR COMPLETION OF WORK. The following fabrication schedule shall be adhered
to in the performance of the work. During the term of this Agreement, the City Project Manager
must approve Artist’s work at each phase of development before the Artist proceeds to the next
phase. The City Project Manager for this Agreement is:
Shaun Chilkotowsky
Heritage and Cultural Arts Manager
100 Civic Plaza
Dublin, CA 94568
(925) 556-4565
Shaun.chilkotowsky@dublin.ca.gov
EXECUTION OF CONTRACT
DELIVERABLES: DUE DATE:
• Fully Executed Contract
• Evidence of All Required Insurance, Dublin Business
License
February, 2022 (EST.)
February, 2022 (EST.)
PHASE I: DESIGN/ENGINEERING
The scope of work under this phase includes research phase and completion of engineering
documents for the artwork and base.
• The Artist shall work with a California licensed engineer to provide the City with stamped
drawings for the Artwork and base. Drawings include civil/landscape drawings the include site
location, utilities, and electrical connections, and structural drawings that include all necessary
calculations
• Phase shall be considered complete when stamped engineering documents are received by
the City Project Manager and approved by the City. Payment may be released earlier than the
date specified should the Phase be deemed complete.
DELIVERABLES: DUE DATE:
• Engineered Drawings April 30, 2022 (EST.)
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PHASE II(A&B): SCULPTURE FABRICATION - CLAY MODELS
The scope of work under this phase includes completion of the clay models of the four artwork
figures.
• Artist will complete the clay models, according to the designs previously approved by the City.
This includes thoughtful research to ensure accurate representation of the figures while the
clay models are being developed.
• Should artist wish to make changes during the clay modeling process, Artist will obtain City’s
written approval for any changes substantial enough to be visible to a layperson.
• Phase will be considered complete when all deliverables have been received by City Project
Manager. Payment may be released earlier than date specified should Phase be deemed
complete.
• This Phase will have two milestones, with 50% of the clay models completed and approved
followed by the remaining 50% of the clay models completed and approved.
DELIVERABLES: DUE DATE:
• Progress Report to indicate any potential change to project
timeline.
• Studio Tour for City Representatives to see and sign off on
Clay Models of the four Artwork Figures. Following the
City’s approval, there will be no changes to the design
without mutual consent of the Artist and the City.
August 1, 2022 (EST.)
October 30, 2022 (EST.)
PHASE III: SCULPTURE FABRICATION – MOLDS/WAX
The scope of work under this phase includes the completion of the mold/wax process:
• Artist will complete the molds/wax, according to the clay figures previously approved by
the City.
• Should artist wish to make changes during the wax/mold process, Artist will obtain City’s
written approval for any changes substantial enough to be visible to a layperson.
• Phase will be considered complete when all deliverables have been received by City
Project Manager. Payment may be released earlier than date specified should Phase be
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deemed complete.
DELIVERABLES: DUE DATE:
• Studio/Foundry tour for City representatives to see and sign
off on clay molds/wax artwork figures. Following the City’s
approval, there will be no changes to the design without
mutual consent of the Artist and the City.
• Confirmation to the City that the molds/wax have been
completed and are acceptable for casting.
• Progress Report to indicate any potential change to project
timeline.
December 1, 2022 (EST.)
December 1, 2022 (EST.)
November 15, 2022 (EST.)
PHASE IV: SCULPTURE FABRICATION – BRONZE CASTING, SITE & STONE WORK
The scope of work under this phase includes casting of all bronze parts and concrete/electrical
work for the artwork base, which is considered part of the Artwork:
• Artist and Foundry will complete the bronze castings, according to the molds created in the
previous phase.
• Artist shall coordinate Artist’s on-site work for the artwork base through the City Project
Manager.
• Artist’s, in cooperation with concrete and electrical subs will complete the artwork base, as
shown in previously approved engineered drawings, in preparation for installation of the
bronze figures.
• Artist shall work cooperatively with the City to draft Artist Statement, which is to be
incorporated into the plaque installed at the site. The City requires that all signage to be
displayed on City property adhere to conventionally accepted spelling and punctuation, proper
grammar and City style preferences.
• Phase will be considered complete when all deliverables have been received by City Project
Manager. Payment may be released earlier than date specified should Phase be deemed
complete.
DELIVERABLES: DUE DATE:
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• City approval of an Artist Vision Statement and signage
text.
• Foundry Tour for City Representatives to see and sign off
on bronze castings of the four Artwork Figures. Following
City approval, there will be no changes to the design
without mutual consent of the Artist and the City.
• City Project Manager’s and/or Special Inspector’s sign off
on concrete and electrical portions of the project.
• Progress Report to indicate any potential change to project
timeline.
December 1, 2022 (EST.)
January 30, 2023 (EST.)
January 30, 2023 (EST.)
December 15, 2022 (EST.)
PHASE V: INSTALLATION
The scope of work under this phase includes the installation of the figures and plaque and
signage:
• Prior to transportation and installation of Artwork, Artist’s structural engineer shall verify in
writing that the preparation of the artwork attachment or mounting system and installation is
being implemented in accordance with the signed stamped structural engineering drawings.
• Artist shall prepare the Artwork for transportation in accordance with customary industry
standards for the transportation of fine works of art.
• Artist shall create with the City Project Manager an installation plan indicating the staging and
sequence of all aspects of installation. The Installation Plan must include a detailed
description of the estimated duration of installation, the equipment to be used, and all workers
who will be on site to assist.
• Artist shall coordinate Artist’s on-site work for the artwork base through the City Project
• No damages or claims by Artist will be allowed other than an extension of time for the
completion of Work. Such an extension will be for the period of time City shall consider Artist
to have been delayed in the completion of Work by reason of the work of other Contractors or
workers.
• Artist shall deliver all information necessary for the City to properly care for and maintain the
Artwork, including information regarding the physical make-up of the Artwork, methods and
materials, and information about the artistic intent of Artist in the Design, Fabrication and
Installation of the Artwork
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• Phase will be considered complete when all deliverables have been received by City Project
Manager.
• Artist is invited, but not required, to attend artwork dedication event. Artist will be given at least
one months’ notice of the selected dedication date. While every effort will be made to
coordinate with the Artist’s schedule, the dedication event will not be rescheduled in the event
that the Artist is unable to attend on the selected date.
DELIVERABLES: DUE DATE:
1. Delivery and Installation Plan developed with City Project
Manager and Design Team
2. Successful installation of Artwork.
3. Final inspection of the Artwork immediately after
installation.
4. Final inspection by the City of Dublin and closed permits.
5. Receipt of Artwork Maintenance Records
February 1, 2023 (EST)
March 15, 2023 (EST)
March 30, 2023 (EST)
Within 30 Days of Installation
Within 30 Days of Installation
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EXHIBIT C
PAYMENT SCHEDULE
% COMPLETION
PHASE OF WORK DESCRIPTION OF PHASE By Phase Overall ARTIST FEE
EXECUTION Execution of Contract 15% 15% $52,500
Phase I Engineering 10% 25% $35,000
Phase II(a) Clay Models 15% 40% $52,500
Phase II(b) Clay Models 15% 55% $52,500
Phase III Molds/Casting 15% 70% $52,500
Phase IV Concrete/Electrical 15% 85% $52,500
Phase V Installation and Closeout 15% 100% $52,500
TOTAL ARTIST FEE $350,000
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Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other
Account Amount Account Amount
PK0222.9400.9401 (Improvements)$375,000
PK0222.9400.9401 (Improvements)$75,000
3500.9501.49999 (Transfers In)$450,000
PK0222.2801 (2801.9501.89101) -Public Art Fund Transfers Out $450,000
2/15/2022
Posted By: Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
REASON FOR BUDGET CHANGE
FISCAL YEAR 2021-22
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
City Council's Approval Required
EXP: Heritage Park Public Art (PK0222)
Move project budget in FY 22-23 in the amount of $375,000 to FY21-22 as project is ahead of schedule; and increase the project budget
by $75,000 for the Monumental Sculpture
G:\PUBLIC ART\CURRENT CITY PROJECTS\Heritage Park\Council Approval ‐ Staff Reports\08_PK0222 Public Art ‐ Heritage_02152022
Attachment 5
110
Number PK0222ProgramPublic ArtPRIOR YEARS 2020-2021 BUDGET 2021-2022 2022-2023 2023-2024 2024-2025 FUTURE YEARSTOTALS9100$9,700$9,7009200$100,000$100,0009400$375,000$375,0009500$35,000$35,000$144,700 $375,000$519,700PRIOR YEARS 2020-2021 BUDGET 2021-2022 2022-2023 2023-2024 2024-2025 FUTURE YEARSTOTALS2801$144,700 $375,000$519,700$144,700 $375,000$519,700ANNUAL OPERATING IMPACTSalaries & BenefitsContract ServicesImprovementsTOTALMiscellaneousESTIMATED COSTSFUNDING SOURCETOTALPublic Art Fund2020-2025 CAPITAL IMPROVEMENT PROGRAMPROJECT DESCRIPTIONThis Public Art project will be completed at Dublin Heritage Park and Museums, located at the corner of Dublin Boulevard and Donlon Way. The project budget is based on the Public Art in-lieu contribution required by the Schaefer Ranch Development agreement. This project could include a monument piece at the northern edge of the park along Dublin Boulevard as well as sculpture benches, culture walks, diversity streams, and artifact cubes as originally outlined in the Heritage Park Master Plan. These artistic elements will represent Dublin's rich heritage, culture, and diversity. Project planning is expected to begin in Fiscal Year 2021-2022.ANNUAL OPERATING IMPACT: NoneMANAGING DEPARTMENT: Parks & Community ServicesAttachment 6Heritage Park Public Art - CIP 2020-2025 Current Budget111
Number PK0222ProgramPublic ArtPRIOR YEARS 2020-2021 BUDGET 2021-2022 2022-2023 2023-2024 2024-2025 FUTURE YEARS TOTALS9100$9,700$9,7009200$100,000$100,0009400$450,000$450,0009500$35,000$35,000$594,700$594,700PRIOR YEARS 2020-2021 BUDGET 2021-2022 2022-2023 2023-2024 2024-2025 FUTURE YEARS TOTALS2801$594,700$594,700$594,700$594,700ANNUAL OPERATING IMPACTSalaries & BenefitsContract ServicesImprovementsTOTALMiscellaneousESTIMATED COSTSFUNDING SOURCETOTALPublic Art Fund2020-2025 CAPITAL IMPROVEMENT PROGRAMPROJECT DESCRIPTIONThis Public Art project will be completed at Dublin Heritage Park and Museums, located at the corner of Dublin Boulevard and Donlon Way. The project budget is based on the Public Art in-lieu contribution required by the Schaefer Ranch Development agreement. This project could include a monument piece at the northern edge of the park along Dublin Boulevard as well as sculpture benches, culture walks, diversity streams, and artifact cubes as originally outlined in the Heritage Park Master Plan. These artistic elements will represent Dublin's rich heritage, culture, and diversity. Project planning is expected to begin in Fiscal Year 2021-2022.ANNUAL OPERATING IMPACT: NoneMANAGING DEPARTMENT: Parks & Community ServicesAttachment 6Heritage Park Public Art - CIP 2020-2025 - Post Adjustment Budget112